Plaintiff Wins $7.65 Million in Medical Malpractice Lawsuit
On Tuesday, May 19, a Maine jury awarded $7.65 million in damages to a Minot woman as part of a medical malpractice settlement. Ruth Hricko filed a lawsuit against a Maine medical center back in September 2013, claiming a Lewiston hospital technician failed to properly read a pathology slide that would have led to a diagnosis of cervical cancer. Her gynecologist was originally listed as a defendant, but was later dismissed.
The initial claim was filed in Androscoggin County Superior Court. According to court records, she underwent routine annual vaginal exams from 2008 to 2011 and although she complained of pain and her doctor found abnormalities, the cervical cancer was not diagnosed until she went to see another physician.
Not only did the other doctor find that she had cervical cancer, it was determined that Hricko had been suffering from the disease since 2008. Her attorney argued that the technician failed to properly read three Pap smear slides which caused the delay in her diagnosis.
Hricko’s cancer progressed to stage 3 before it was diagnosed, according to court reports. Her cancer is now in remission, but according to her attorney she has suffered disfiguring injuries as a result of her cancer treatment and is being treated for chronic pain. He said the jury’s decision to award damages was based on a belief that her injuries might have been avoided if her cancer had been diagnosed earlier.
Medical malpractice settlement
The award also includes an additional $2 million for Hricko’s husband, Michael Hricko. Her attorney called it one of the largest he’s ever seen. Hricko’s attorney said his client is pleased that the jury recognized that CMMC made a mistake in her care.
“CMMC is obviously disheartened with the jury’s decision, stands by the care provided to our patients, and will review options for next steps with respect to this case,” said Chuck Gill, vice president of public affairs for the hospital in a statement released after the verdict. “The hospital is pleased Ms. Hricko reports she is disease-free almost four years from her initial diagnosis and that she continues to receive care at CMMC.”
About cervical cancer
The American Cancer Society’s estimates for 2015 for cervical cancer in the United States are approximately 12,900 new cases of invasive cervical cancer — cancer that has spread beyond the cervix — and roughly 4,100 deaths per year.
The cervix is the lower part of the uterus. The upper part is called the body of the uterus, where a fetus grows and the lower part connects the body of the uterus to the vagina. Cervical cancer starts in the cells lining the cervix. The normal cells of the cervix first slowly change into pre-cancer cells that can eventually turn into cancer. These changes are called dysplasia and can last for many years, but can also happen faster.
This type of cancer can often be found early or even prevented entirely by having regular Pap smears. If it is detected early, it is one of the types of cancers with the highest treatment rates. There are two main types of cervical cancer — squamous cell carcinomas and adenocarcinomas. Roughly eight to nine out of 10 types are the former and the rest are the latter. While rare, it is possible for the cancer to have features of both types.
- Portland Press Herald, Minot Woman Awarded $7.65 Million in Malpractice Case http://www.pressherald.com/2015/05/19/minot-woman-awarded-7-65-million-in-medical-malpractice-suit/
- Lewiston-Auburn Sun Journal, Court: Jury Awards Nearly $10 Million to Cancer Survivor, Spouse http://www.sunjournal.com/news/lewiston-auburn/2015/05/19/court-jury-awards-nearly-10-million-cancer-survivor-spouse/1709282
- American Cancer Society, Cervical Cancer http://www.cancer.org/cancer/cervicalcancer/