After a lengthy legal battle, a jury in Philadelphia awarded $1.4 million to the surviving son of a man who died from a rare form of bone cancer. The man’s son had filed a wrongful death lawsuit against a physician and several radiologists, alleging that their failure to diagnose his father’s cancer ultimately contributed to his death.
The decedent, Joshua Debowsky, had consulted with many medical professionals over the course of 6 years regarding difficulties with his right knee. He was eventually diagnosed with a rare form of bone cancer known as parosteal osteosarcoma. This form of cancer presents in a mass that is slow growing and slow to metastasize. If diagnosed early, these tumors are generally removed through surgery alone, but larger masses may require surgery followed by chemotherapy. Overall, the prognosis for parosteal osteosarcoma is strikingly positive, with a cure rate ranging from 80 to 90 percent for low-grade parosteal osteosarcomas treated with surgery alone.
In this case, Debowsky son’s filed a claim for medical negligence, alleging that his father’s physician and radiologists failed to diagnose the cancer in 2006, when the alleged growth in his knee was first recognized. The defendants cited in the case, orthopedic surgeon Todd Schwartz and radiologists Gregary Lansman, George Popky and Ryan Lee, did not order additional tests to identify the origin of the mass, and thus, were accused of failure to diagnose. In fact, Schwartz performed a surgery on Debowsky’s right knee, as well as post-surgery x-rays, at which time he and Lansman first sighted calcifications. They failed to order additional tests to investigate these calcifications and when the cancer was ultimately diagnosed in 2011, it was in the same location that appeared on the original x-rays 5 years earlier.
After receiving his cancer diagnosis in 2011, Debowsky underwent treatment for the next three years. He tragically lost his battle in 2014 at the age of 56. A jury of 12 members recently found in favor of his family, who brought suit on his behalf. They awarded $1.4 million, including $600,000 under Pennsylvania’s Survival Act and $800,000 for wrongful death. Although nothing can compensate for the loss of a father, his son and surviving loved ones can at least take solace in the fact that those who failed to provide Mr. Debowsky with the standard of care that he deserved were held responsible.
In cases such as these, the testimonies of experts in the medical community often become critical, as issues such as the presentation of symptoms and appropriate standard of care come into question. For example, the defense made multiple arguments to undermine Mr. Debowsky’s claims, including that the cancer was so rare that it may not have “existed” in 2006. Further, they argued that the calcifications on Mr. Debowsky’s knee may have been a result of the surgery performed and as such, may not have alarmed the treating physicians and radiologists who observed them.
Due to the complexities of medical malpractice cases, it is highly advisable to enlist an attorney or team of attorneys who are dedicated solely to this area of practice, as the knowledge and resources necessary to reach a desirable resolution are extensive. If you have suffered an injury or the loss of a loved one due to medical malpractice, Fronzuto Law Group can help. We represent clients who suffer due to a variety of forms of medical negligence, including failure to diagnose breast, lung, and prostate cancer. Contact our offices anytime at 973-435-4551for additional information.
For additional information related to this case, access the following article: Jury Faults Doctors For Failing to Diagnose Rare Bone Cancer
