Misdiagnosis of Cancer Costs Doctor.

In 2009, a Texas woman, Herlinda Garcia’s doctor advised her that she had Stage IV terminal breast cancer.   In 2009 her doctor removed a benign tumor from her left breast.  About a month later her treating physician Dr. Qadri advised her that she had terminal cancer.  Mrs. Garcia under went six months of chemotherapy, gave away her possessions and arranged for hospice care at home.  The diagnosis caused severe depression, as a result Mrs. Garcia admitted herself to Citizens Medical Center for treatment of anxiety.  There doctors performed test because she was a cancer patient.   The test revealed that Mrs. Garcia was cancer free and had been since the surgery in 2009.  Apparently Dr. Qadri misread a PET/CT scan during one of her firsts visits.

Mrs. Garcia brought a suit against Dr. Qadri’s estate, and a jury awarded her $367,500.00; however the Court will likely reduce this amount to $250,000.00 due to Texas law that caps a doctor’s liability to $250,000.00 per claim.

Many States have statutory liability limitations in medical malpractice claims, do you think this is a reasonable attempt to control vexatious litigation or do you believe it limits an injured patient’s right to recover fair compensation for negligent acts of his/her doctor?