Michael O. Pitt and Brett M. Littman obtained a defense verdict in the Philadelphia Court of Common Pleas on behalf of a family practice physician in a medical malpractice action. The plaintiff presented to the defendant-physician on several occasions between May 2008 and February 2009 with complaints, which included sore throat and reflux symptoms, for which she was treated with medications to reduce acid reflux.
In February 2009, the plaintiff again presented to the defendant-physician with now-constant throat pain, and the defendant-physician referred her to an ENT specialist. Upon visiting this specialist, the plaintiff was diagnosed with cancer of the supraglottic larynx in February of 2009, for which she was successfully treated.
The plaintiff contended that the physician failed to send her for a consult with an ENT physician sooner. The defense presented extensive expert testimony to the jury that the physician appropriately treated the patient’s complaints at each appointment and ordered a consult when appropriate. Additionally, the defense presented expert testimony to the jury that the patient has been cancer-free for nearly three years, and that her prognosis for the future is excellent.
After a short deliberation, the jury found that the physician complied with the standard of care and was not negligent.