A Florida woman who was told her mammogram showed no signs of cancer has been awarded a $7 million settlement after she was diagnosed with terminal Stage 4 breast cancer eight months later. According to court records obtained by the Pensacola News Journal, Deborah Higgs discovered a lump in her breast in February 2022 and sought medical care at Baptist Medical Park in Pensacola, Independent reported.
A diagnostic mammogram and ultrasound were reviewed by radiologist Henry Lusane, who reportedly informed her that the scans showed nothing concerning.
Cancer Diagnosed Months Later
Eight months later, the lump had grown larger and become painful. Further testing revealed that Higgs had terminal Stage 4 breast cancer, meaning the disease had already spread. “So there was an eight-month delay in her treatment for cancer,” Higgs’ attorney, Jonathan Freidin, said.
When the same radiologist reviewed the imaging again, he noted that the scans showed a high suspicion of cancer. Higgs later filed a lawsuit against the hospital, the radiologist and the medical imaging group involved in her care, arguing that the delayed diagnosis cost her valuable treatment time.
Hospital denied responsibility
During the court proceedings, Baptist Health Care argued that it was not legally responsible for the radiologist’s actions because he worked for an independent physician group, Acumen Medical Imaging and Interventional. The hospital also cited consent forms signed by Higgs stating that it was not liable for services provided by independent contractors.
Higgs said she found the argument difficult to accept, adding that patients naturally trust hospitals to oversee the care they receive. “I was in complete disbelief. I guess you could call it denia. I had been very conscious of my breast health. I was just shocked. It didn’t make sense to me. And I was actually quite angry to hear that. It felt wrong,” Higgs said.
However, the judge noted that the letter informing Higgs that her mammogram was normal had been sent on Baptist’s official letterhead, suggesting the hospital played a role in communicating the diagnosis. The issue was set to be decided by a jury.
$7 million settlement and policy changes
Before the trial began, the parties reached a settlement. Under the agreement, Higgs will receive $7 million, including $5 million from Baptist Health Care and $2 million from Acumen Medical Imaging and Interventional.
“After years of ongoing dispute, all parties have agreed to a mutually acceptable resolution to avoid the distraction and expense of continued litigation. The agreement does not represent an admission of guilt or liability. Our commitment to providing compassionate, high-quality care has been, and continues to be, at the heart of everything we do,” Baptist said in a statement.
As part of the settlement, Baptist Health Care also agreed to improve patient communication by advising patients to follow up with their healthcare provider even when imaging results appear normal.
The radiology group has also agreed to introduce a new policy allowing women who come in with a breast lump to request a discussion with the radiologist reviewing their scans.
