Document text
Malpractice alleged over breast cancer diagnosis By Chris Bristol A woman who underwent a double mastectomy in 1999 is suing the Medford Clinic, claiming she had breast cancer for a year before the clinic figured it out. Winona Lee McEwen, 51, seeks $600,000 in damages for malpractice, alleging a nurse practitioner failed to order a breast biopsy as recommended after irregular lumps were discovered during an ultrasound in 1998. The cancer was not discovered for another 12 months, and the delay "allowed the cancer to grow and spread," the lawsuit says. McEwen�s attorney, Douglas Schaller of Eugene, said it is too soon to know why the biopsy was delayed. The lawsuit comes at a time when HMOs around the country are being accused of penny-pinching at the expense of lives. "At this time, we�re not aware of this being an HMO problem," he said, "although certainly that�s something that could be discovered ... in the course of litigation." Once the largest doctor-owned healthcare operation in Southern Oregon, Medford Clinic broke up into smaller practices in late 1999 and is no longer a single corporation. Many of the facilities remain in use. Schaller said that even though the clinic is now officially defunct, corporate law is such that it remains responsible for debts and liable for malpractice damages. "Typically, for this type of liability, the insurance coverage applies to when an incident occurred, as opposed to when a lawsuit is filed," he said. Nevertheless, he was unsure of the whereabouts of the corporate officers or who speaks for the clinic now. Several local doctors who once ran the operation did not return phone calls from the Mail Tribune seeking clarification and comment. The lawsuit also names the nurse practitioner, Susan Nebelsick, as co-defendant. She declined to comment on the suit except to say, "Obviously, there are two sides to every story." According to the lawsuit, McEwen underwent an ultrasound in February 1998 after a doctor who performed a precautionary mammogram found "persistent increased density" in her left breast. The doctor who performed the ultrasound subsequently identified four lumps and recommended a biopsy, but no biopsy was ordered and McEwen was not told of the recommendation, the lawsuit says. One year later, as a result of McEwen�s next annual examination, the cancer was finally discovered, the lawsuit says. She underwent a double mastectomy, which included the removal of lymph nodes under her left armpit. McEwen seeks $400,000 for pain and suffering, including fears that the cancer could recur and that her life expectancy was shortened. She also seeks $200,000 in economic damages for medical expenses and a possible reduction in her work life. Reach reporter Chris Bristol at 776-4487, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.