PARIS – Opening arguments began Monday in Oxford County Superior Court in a medical malpractice lawsuit against Stephens Memorial Hospital and two doctors.
Judith Mitchell of Norway alleges she was not told that her October 1999 mammogram results were inconclusive, and that she needed to be retested.
A year later she developed breast cancer, and her right breast had to be removed.
Mitchell is suing the hospital, along with hospital radiologist Dr. Edwin Krajci and her physician at the time, Dr. Francis Kieliszak of Oxford Hills Internal Medicine.
Mitchell’s lawyer, Martica Douglas, told the jury in opening arguments Monday that the hospital allowed Mitchell’s results to “slip through the cracks” and then lied to cover its tracks when the breast cancer was discovered. Douglas said if there had not been a 300-day delay in discovery of the cancer, Mitchell may have been able to save her breast. More importantly, said Douglas, the chance of a recurrence of the cancer in the future would have been 20 percent less.
Lawyers for the hospital and the doctors dispute Mitchell’s claim, saying Dr. Krajci tried to get Mitchell to come in for an ultrasound after viewing the imaging film.
Moreover, attorney Philip Coffin told the jury that longtime SMH mammographer Jean Foster made a personal call to Mitchell to follow up on the mammography test.
Coffin said Mitchell declined to come in for an ultrasound as Foster recommended. Coffin added that the evidence will show Krajci “expressed his frustration with the language of his report.”
Douglas said the Mammography Quality Standards Act requires that each patient be sent a letter informing them of the results of their breast exam.
“It’s absolutely unreasonable to claim that she got the letter and wouldn’t have done anything about it,” Douglas said of Mitchell, who she described as being very responsible about her health.
A benign cyst was diagnosed in one of Mitchell’s breasts years before, said Douglas, which led Mitchell to be meticulous about getting a breast exam every year.
“This didn’t have to happen,” said Douglas. She said Mitchell had to undergo radiation therapy and now suffers from lymphodema. The lawsuit does not specify a recommended damage award.
Both sides are expected to call numerous experts to testify during the trial, which is expected to last two weeks.
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