Medical Malpractice Settlement – Unnecessary Bilateral Prophylactic Mastectomy and Lack of Informed Consent
Press Release – February 2, 2022
The Injury Law Center is pleased to announce that Attorney Joseph Russo was able to secure a $475,000 settlement on a medical malpractice case at mediation.
The case involved an alleged unnecessary bilateral prophylactic mastectomy (BPM) that was performed without proper informed consent. The patient was in her 40’s and was diagnosed with Atypical Ductal Hyperplasia (ADH) after lumpectomy following her mother’s recent diagnosis of breast cancer. It was alleged that the patient was rushed through a short 15-minute surgical consultation for the BPM without undergoing genetic testing.
If tested, the patient would’ve learned that she did not carry the BRCA1 or BRCA2 genetic mutations and that her lifetime Cancer Risk Assessment score was only 35%.
The appropriate standard of care under these circumstances was not a radical BPM, but post-lumpectomy screening with potential chemoprevention medications, namely Tamoxifen, which would’ve reduced her risk of developing breast cancer by 85%.
Attorney Russo explained, “this case involved a considerable amount of research associated with the medical literature. We were able to track evolving approaches to the treatment of female patients with breast cancer risk factors throughout the years in the field of surgical oncology. The research allowed us to be ultra-prepared in our ability to select experts, focus on the issues, and appropriately work up the case to obtain a strong value at mediation.”