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Florida Patient Secures $7 Million After Missed Mammogram Led to Stage 4 Breast Cancer

The pre-trial settlement requires hospitals and the radiology group to adopt patient-safety changes including follow-up guidance after normal imaging, allowing women who present with a lump to request a direct review by the radiologist.

Overview

  • Deborah Higgs found a breast lump in February 2022 and was told by radiologist Dr. Henry Lusane that her diagnostic mammogram and ultrasound showed nothing wrong.
  • By October 2022 the lump had grown and further testing found terminal Stage 4 breast cancer, a span her lawyer says created an eight-month delay in treatment.
  • Court filings showed Higgs had signed a waiver releasing the hospital from liability for services by independent contractors while a hospital-letterheaded notice said the original results were normal, a contrast a judge allowed a jury to weigh.
  • The parties reached a pre-trial settlement in June 2026 that pays Higgs $7 million, with $5 million from Baptist Health Care and $2 million from Acumen Medical Imaging and Interventional, and the agreement denies admission of fault.
  • As part of the resolution the hospital will add clear follow-up advice to normal imaging reports and the radiology group will let women who present with a lump request an in-person review by the radiologist, steps the plaintiff says increase patient agency and could change how hospitals communicate contractor readings.