$2.75 Million- Cancer Diagnosis Failure
A Miami Jury awarded 74 year old David Francisco and his wife $2.75 million in damages against United Healthcare of Florida (formerly known as CAC-Ramsey) and Ears, Nose and Throat (ENT) specialist Dr. Jorge De Cardenas for negligence and failure to diagnose tongue cancer.
David Francisco, then in his late 60’s, visited his primary care physician at CAC-Ramsey’s HMO clinic complaining of an abscess on his tongue. Mr. Francisco was then referred for a biopsy to Dr. Jorge De Cardenas, who was under contract with CAC-Ramsey. Francisco was told on more than one occasion by Dr. De Cardenas that a biopsy was not necessary, despite the fact that the abscess was present for over 3 weeks, Mr. Francisco is male, smokes, is over 60 and has a family history of cancer – all warning signs for cancer. Dr. De Cardenas told Mr. Francisco not to worry and return only if the abscess continued to bother him. Mr. Francisco returned several weeks later to Dr. De Cardenas, this time insisting on a biopsy. The result was cancer.
“Doctors at the HMO did not biopsy, even though all the red flags for cancer were there,” said Ervin A. Gonzalez, Francisco’s attorney. “I am concerned that because of the nature of the quota contracts between HMO clinics like this one and doctors, patients are not provided with proper care. I would like to stress to patients to be diligent about seeking proper care when a growth is detected.”
Due Dr. De Cardenas’ failure to biopsy and diagnose in time, Mr. Francisco had to have approximately 75% of his tongue removed and was given a 3 to 5 year life expectancy. Skin was taken from his arm to reconstruct his tongue, and from his thigh to replace the skin on the arm. “Had the ENT doctor ordered a biopsy as was originally recommended, Mr. Francisco would have had minimal surgery and would have not lost his sense of taste and his ability to speak,” added Gonzalez.
The jury agreed that had a biopsy been taken, Francisco’s cancer would have been detected earlier, his treatment would have been less invasive, and his life expectancy would have been normal.