The appellant radiologist failed to detect a cancerous lesion on the respondent's liver following colon cancer surgery.
The respondent later died of metastatic colon cancer.
A jury found the appellant negligent and awarded substantial damages, concluding that the delayed diagnosis deprived the respondent of a greater than 50 percent chance of being cured.
The appellant appealed, arguing the jury's finding on causation was unreasonable, the trial judge erred in her charge regarding survival versus cure rates, and the jury failed to properly discount future income loss for adverse contingencies.
The Court of Appeal dismissed the appeal, finding the jury's verdict was supported by expert evidence, the jury charge was adequate, and the damages award was reasonable.
