Case details

Doctor claimed he believed decedent had not obtained X-ray

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, liver cancer, loss of society cancer, metastatic
FACTS
On March 18, 2011, plaintiffs’ decedent Fuyong Huang, 81, presented to his primary care physician, Dr. Hua Chen, with complaints of a cough. Huang, a long term smoker, first started seeing Chen in 2004 and was ultimately treated for chronic obstructive pulmonary disease (COPD), a progressive disease — also known as chronic obstructive lung disease (COLD) and chronic obstructive airway disease (COAD) — that makes it hard to breathe. Huang continued to see Chen off and on for a variety of complaints, including waxing and waning respiratory problems. When Huang presented to Chen with a cough on March 18, 2011, Chen ordered a chest X-ray. Huang then returned to Chen over the following three months and, eventually, Huang’s symptom resolved. About six months later, Huang began seeing a new primary care physician. After being under the new physician’s care for approximately nine months, Huang developed acute respiratory complaints. As a result, the new physician ordered a chest X-ray, which showed a large mass in Huang’s lung. The physician then looked at the chest X-ray taken back in March 2011, which was never seen by Chen, and noted that it revealed an ovoid density in the lung measuring 12-millimeters-by-17-millimeters. Huang ultimately died as a consequence of liver cancer on Aug. 19, 2013. The decedent’s two adult daughters, Hai Huang and Ying Huang, and his adult son, Bing Wong, sued Chen. The decedent’s family alleged that Chen failed follow up on the chest X-ray, diagnose the mass in the lung or treat the condition. They further alleged that these failures constituted medical malpractice. Plaintiffs’ counsel argued that Chen failed to follow up on the March 2011 chest X-ray, causing a delay in the diagnosis and treatment of the decedent’s cancer until approximately 15 months later. The plaintiffs’ medical experts opined that the ovoid density seen on the March 2011 X-ray was cancer and that the cancer grew undetected and subsequently metastasized to the liver, causing the decedent’s death. Thus, the experts opined that Chen fell below the standard of care in failing to follow up on the March 2011 chest X-ray that he ordered and that Chen should have done more to determine whether the X-ray was even performed. Chen contended that he never received a report pertaining to the March 2011 chest X-ray, despite the decedent obtaining the X-ray that same day on March 18, 2011. Chen claimed that when the decedent returned to him on multiple subsequent visits over the following three months, he would repeatedly bring up the X-ray and that each time, the decedent replied, “I will go.” Chen claimed that he interpreted the decedent’s responses to mean that he had not yet gone to get the X-ray done. Thus, he contended that he believed that the X-ray had not been obtained. The defense’s medical experts opined that Chen complied with the standard of care and that it was reasonable for Chen to believe that no X-ray had been obtained given the facts that he never received a call or verbal report from the radiologist, he was never sent the report, and he was told by the decedent, “I will go.” In addition, defense counsel argued that, given the rapidity of growth of the lesions in the liver, the mass seen on the March 2011 chest X-ray was either not related to what was in the liver or the mass on the March 2011 X-ray was not cancer., Fuyong Huang died as a consequence of liver cancer on Aug. 19, 2013. He was 84 years old. He is survived by two adult daughters and an adult son. The decedent’s family claimed that they had a close relationship with their father. Thus, they sought recovery of wrongful death damages.
COURT
Superior Court of Alameda County, Oakland, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case