In June 2004, plaintiff Arthur McCoy, 55, retired and on disability, was referred to pulmonologist Howard Mintz after being exposed to tuberculosis. Mintz diagnosed McCoy with tuberculosis, and confirmed the diagnosis in a second visit in August.
In December, McCoy began coughing up blood, and another doctor diagnosed lung cancer, which had metastasized.
About six months later, McCoy died.
McCoy’s widow and two daughters sued Mintz for medical malpractice. Plaintiffs’ counsel claimed that, given McCoy’s history as a heavy smoker, Mintz should have ordered tests to rule out lung cancer. Plaintiffs’ counsel argued that an earlier diagnosis could have saved McCoy’s life.
Mintz countered that, since McCoy tested positive for tuberculosis and showed signs of tuberculosis on an X-ray, and since fewer than 5 percent of smokers develop lung cancer, it was reasonable to diagnosis tuberculosis.
Defense pulmonology expert Charles W. Prochera testified that McCoy had the cancer for at least a year before visiting Mintz, and that a diagnosis at that late date would not have saved his life. Mintz also argued contributory negligence, claiming that McCoy failed to follow medical advice, including advice that he quit smoking.
The plaintiffs–widow Edna McCoy and daughters Christie McCoy and Joanie McCoy–claimed that Mintz’s actions resulted in McCoy’s death. They were seeking $600,000 for pecuniary loss, loss of services for McCoy’s wife, loss of consortium for his wife and daughters, and funeral expenses.
The jury returned a defense verdict.