The plaintiff sued her physician for medical malpractice, alleging he negligently managed her right forearm pain by failing to properly assess and investigate a bump that was eventually diagnosed as a rare synovial sarcoma.
The defendant physician had diagnosed repetitive strain injury and reflex sympathetic dystrophy, treating the plaintiff with psychotherapy and medication for nine years before ordering an MRI.
The Superior Court of Justice found that the defendant breached the standard of care of a primary care physician by failing to include a tumour in his differential diagnosis, failing to properly monitor the lump, and failing to order an MRI earlier.
The court also found that this breach caused the plaintiff's damages, as an earlier MRI would have led to earlier surgical removal of the tumour and eliminated years of pain.
