Plaintiff v. Physician

The Plaintiff had a history of skin lesions on his back, which had previously tested positive for basal cell carcinoma. At a routine annual exam with his primary care physician noticed a new lesion and took a biopsy. The pathology report came back positive for basal cell, but the physician never saw the report and failed to either treat the condition or notify the Plaintiff. Almost two years later another physician saw the lesion and performed another biopsy, which indicated basal cell and other more serious potential complications. The cancerous cells were removed, but only after two surgeries, and a resulting scar the size of a grapefruit on the Plaintiff back. Mr. Miller filed an action in Middlesex Superior Court. The case settled following depositions of the Plaintiff and the doctor for just under $100,000.