Ohio Supreme Court Establishes That Spread of Existing Cancer is an Injury

Ohio Supreme Court Establishes That Spread of Existing Cancer is an InjuryThe Ohio Supreme Court recently established that a woman whose breast cancer went undetected by a radiologist despite annual mammograms can seek damages from him in a medical malpractice lawsuit.

Lonna Loudin, 73, allegedly received annual mammograms since 2007, but Dr. Richard Patterson allegedly failed to detect a cancer in 2003 that had been there for years, according to the Akron Beacon Journal. Loudin found the cancer through a breast self-exam one year later, but the cancer had already progressed far enough during the 12-month period that she needed chemotherapy, radiation therapy and the removal of eight lymph nodes to treat it, her medical malpractice lawsuit says.

The suit was originally thrown out by a Summit County judge on the grounds that the spread of an existing cancer did not constitute an injury one can seek damages for. The 9th District Court of Appeals reversed that decision, and the Ohio Supreme Court upheld the reversal, which allows Loudin to seek the more than $25,000 in damages she requests from defendants Dr. Richard Patterson and Reflections Breast Health Center, according to the news source.

According to the National Cancer Institute, women in the U.S. get breast cancer more often than any other type of cancer except skin cancer. They die of it in greater numbers than of any other cancer except that of the lung.