New Trial Ordered in Failure to Diagnose Lung Cancer Case

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Philadelphia medical malpractice attorneys at Messa & Associates have been granted a new trial on behalf of their client after a defense expert discussed facts that were banned from trial. The Order, issued by the Superior Court of Pennsylvania on November 4, 2013, affirms the Plaintiff’s right to a new trial.

The medical malpractice case is a failure to timely diagnose lung cancer case filed in the Court of Commons Pleas of Philadelphia County. The Defendants failed to inform the Plaintiff’s mother (now deceased) of a small, but suspicious nodule shown on a chest x-ray performed at the hospital. The nodule should have been examined further. Unfortunately, the woman was not advised of the nodule or the need for any follow-up care. Nearly two years later, she was diagnosed with Stage IV lung cancer after an eight centimeter malignant nodule was found in her left lung. By that time, it had metastasized to other areas of her body. She died just six months after the lung cancer was diagnosed.

Medical Malpractice Attorneys Won the Right to Exclude Evidence Regarding History of Smoking

Prior to the selection of a jury selection, attorneys for the family of the deceased argued that the woman’s smoking history should not be presented to the jury. Following extensive arguments, both the Defendant’s and the Plaintiff’s attorneys agreed that any mention of her history of smoking would not be allowed during the trial.

During the trial, defense expert John Kelly, D.O., an emergency medicine doctor, was called to testify. In his response to a question regarding cardiac risk factors of the deceased, Dr. Kelly informed the jury that the woman was a smoker. According to Dr. Kelly, he didn’t remember the Defendant’s lawyer ever advising him the woman’s history of smoking had been banned.

Medical Malpractice Attorneys in Philadelphia and New Jersey

The Philadelphia medical malpractice attorneys at Messa & Associates are experienced at handling medical malpractice cases resulting from failure to diagnose and misdiagnosis of lung cancer. Our extremely skilled team of medical malpractice attorneys and medical experts is dedicated to ensuring you receive proper compensation for your personal injuries. If you or a loved one has suffered personal injuries as a result of a physician’s failure to diagnose or treat lung cancer or another type of cancer, contact the medical malpractice attorneys of Messa & Associates for a free consultation. Call toll free at 1-877-MessaLaw, or submit a free online inquiry


Call the Philadelphia personal injury lawyers of Messa & Associates today to discuss your case with a professional who has the knowledge to answer your questions or submit a free online inquiry.

Call, toll-free, 1-877-MessaLaw (637-7252), or submit a free online inquiry form.

About the Author:

Director of Marketing for Messa & Associates located in Philadelphia, Pennsylvania. For all marketing or press release communications, contact

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