Woman Was Allegedly Told Her Mammogram Was Clear. 8 Months Later, She Learns She Has Terminal Breast Cancer: Complaint

A Florida woman has received a settlement of $7 million after she alleged a significant delay in the diagnosis of her stage 4 breast cancer. Deborah Higgs, a resident of Pensacola, claimed the delay lasted eight months during which time she was informed that her mammogram results were clear.

Higgs, who had a history of dealing with benign calcifications in her breast tissue, was proactive about her health, ensuring that she kept up with regular medical check-ups. In February 2022, Higgs detected a lump in her breast, prompting her to seek immediate medical attention at Baptist Medical Park in Pensacola. Following a diagnostic mammogram and ultrasound, she reported being told by radiologist Dr. Henry Lusane that there was nothing amiss with her scans. According to court documents, she was later sent a letter from Baptist stating that her results were normal.

However, by October 2022, the lump had intensified in size and discomfort, leading her to return to the same facility. During this subsequent visit, Lusane re-evaluated her earlier scans and purportedly indicated a “high suspicion” of cancer, which ultimately led to Higgs being diagnosed with terminal stage 4 breast cancer. Reflecting on that life-altering moment, Higgs expressed her emotions, stating, “I was in complete disbelief… It felt wrong.”

In December 2022, Higgs took legal action, initiating a medical malpractice lawsuit against both Baptist Health Care and Acumen Medical Imaging and Interventional, the independent physician group associated with Lusane. Her attorney, Jonathan Freidin, stated that there had been an eight-month delay concerning her cancer treatment, which considerably impacted her healthcare journey.

After extensive legal discussions regarding accountability, both Baptist Health Care and Acumen Medical Imaging reached a settlement agreement on 5 June 2023. As part of the settlement, Higgs was awarded $5 million from Baptist and an additional $2 million from Acumen. In an official statement, representatives for Baptist acknowledged the resolution of the dispute, clarifying that it did not signify an admission of guilt or liability on their part.

Baptist Health Care emphasized their ongoing commitment to delivering high-quality care while noting that the agreement aimed to spare all parties from the burdens of protracted litigation. Despite this, Dr. Lusane has since faced disciplinary actions, including a $6,500 fine from the Florida Board of Medicine, alongside an order to undertake additional training in breast imaging interpretation.

In response to the situation, Lusane’s attorney, E. Victoria Penny, expressed that the settlement was not an indication of fault, stating that it was a resolution of a disputed claim and reiterated that the allegations in the case remain just that – allegations.

The settlement also obliges both Baptist and Acumen to implement reforms to their current policies to prevent similar misdiagnoses in the future. Baptist Health Care plans to institute documentation advising patients to continue consultations even when receiving normal test results. Acumen will allow patients to have direct discussions with radiologists concerning the nature of any detected lumps, regardless of preliminary imaging results.

Freidin remarked on the importance of making sure patients are fully informed about their health conditions, stating, “Even though you got a normal read, it shouldn’t end the discussion.” He highlighted that this case sheds light on the serious consequences stemming from misdiagnoses of cancer and the critical need for timely responses in medical settings.

In the aftermath of the legal proceedings, Higgs has expressed hope that her experience will resonate with other women. She stated, “I think we accomplished what we wanted to accomplish… That hope of other women having a say in their health care was just so important. That was the victory for me.”

Higgs’s story serves as a reminder of the significant impact medical practices and diagnostic processes can have on patients’ lives, stressing the vital nature of clear communication and thorough follow-ups in medical care. Her case reflects broader issues surrounding patient advocacy and the necessity for systems to prioritise accurate and timely diagnoses in the realm of healthcare.