The Iowa Supreme Court reversed Scott County District Court Judge David H. Sivright, Jr.’s summary judgment ruling in a failure to diagnose breast cancer case, rejecting malpractice defense lawyer claims that Plaintiff should have known of her injury, for purposes of the statute of limitations, just because a doctor made her aware that her breast was not normal.
Although she knew something may be amiss, the Plaintiff – according to the facts alleged in her medical malpractice lawsuit – was assured that she did not have to worry about the lump. According to the lawsuit, the Plaintiff, Ms. Rock, noticed a lump in her left breast in May 2002 and called her doctor to have it examined. She was referred to the Center for Breast Health for a bilateral mammogram. During a follow-up appointment, Ms. Rock said Dr. Warhank told her the mammogram was normal and “not to worry about the lump.”
The Iowa Supreme Court held that the plaintiff could not have known and would not have known of her cancer or that her breast cancer was misdiagnosed until she was actually diagnosed with cancer.
Congratulations to Plaintiff’s medical malpractice lawyers Robert Gallagher and David Millage in Davenport, Iowa, who stayed with this case through adverse rulings both at trial and before the Iowa Court of Appeals.
You can find the Iowa Supreme Court’s opinion here.