Last month, the Ohio Supreme Court ruled 7-0 in an appeal from a 73-year old woman with breast cancer.  The court agreed that a malignant cancer growth is an injury that can be awarded damages for emotional distress in medical malpractice lawsuits.

The woman is now able to pursue a lawsuit against the doctor that failed to detect a cancerous mass in her breast when she went in for annual screenings.  The lawsuit names Dr. Richard Patterson and Reflections Breast Health Center as defendants.

According to the lawsuit, the woman went to Patterson for annual screenings beginning in 1997.  In 2004, in a self-examination, the woman discovered she had a mass in her breast and tests revealed it had been there for three years.

As a result of the missed diagnosis, the cancer was able to spread and the woman had to have 8 lymph nodes surgically removed, in addition to chemotherapy and radiation treatments.  She is suing for more than $25,000.

If you or someone you love has had misdiagnosed or mistreated breast cancer, contact the Philadelphia breast cancer lawyers of Lowenthal & Abrams, P.C. at and set up an appointment to meet with one of our experienced and compassionate attorneys.