Dying woman sues doctors for failing to diagnose cancer after early CT scan

A Winnipeg woman who was given a life expectancy of six months after cancer spread from her lungs to her brain, liver and other organs says the disease's progression could have been prevented if two doctors had detected it earlier. 

The woman accuses a respirologist and diagnostic radiologist of negligence after they failed to rule out the possibility she had cancer and send her for medical followup.

In a statement of claim filed at the Manitoba Court of King's Bench on May 27, the woman claims the defendants didn't properly interpret the results of a computed tomography (CT) scan ordered to screen for the disease, nor did they perform a differentiating diagnosis, including suspecting cancer as the cause of her symptoms. 

The woman's cancer — which has metastasized to her brain, liver, spleen, sternum and enlarged lymph node — resulted from a small mark on her lung, the lawsuit claims. 

That mark was there when the CT scan was performed in July 2024, but she wasn't told at the time she had cancer. Instead, the woman was diagnosed with chronic obstructive pulmonary disease and was told the mark resembled emphysema, a lung condition that causes shortness of breath. 

The lawsuit claims that if the woman had been informed she had cancer at the time, the disease could have been prevented from spreading further or managed with treatment, making it possible for her to survive. 

None of the allegations have been tested in court. No statement of defence has been filed.

Treated with inhalers

The woman's first CT scan was ordered after she had a consultation with the respirologist in November 2023. At that time, the paperwork for the scan indicated that it was for lung cancer screening, the lawsuit says. 

The medical imaging was done in July 2024 at the Selkirk Regional Health Centre. The scan was sent to the diagnostic radiologist for review, and in August 2024, the woman went for a followup appointment to discuss the findings. 

The radiologist's findings said the scan showed the woman had small pulmonary nodules and pulmonary emphysematous changes, and as a precaution, a followup examination could be done in a year, the lawsuit says.

The respirologist recommended new inhalers and that the woman quit smoking.

The woman's coughing worsened, and at a followup appointment in October, the doctor told her that was consistent with the progression of her chronic obstructive pulmonary disease and the start of emphysema.

The doctor gave the woman a new inhaler, but her symptoms continued, and she had to stop working in November last year, the lawsuit says.

The woman was admitted to Winnipeg's Health Sciences Centre on Jan. 3 after having headaches, dizziness, vision difficulties and falling over.

She was kept overnight, and the ER doctor ordered a CT scan and an MRI, after which he told her she had cancer. 

A biopsy determined the primary source of the disease was lung cancer. An oncologist from CancerCare Manitoba told her there was no treatment available given the presence of the disease in multiple parts of her body. 

She was told her life expectancy was six months from the diagnosis in January, the lawsuit says. 

The woman claims the doctors failed to detect cancer because they didn't properly review and/or interpret her first CT scan. 

The lawsuit also alleges the doctors breached the duties owed to her after they didn't perform a differential diagnosis, including suspecting cancer as the cause of her symptoms, "as expected of a competent physician and/or specialist."

With the cancer spreading, the woman had to undergo surgery, chemotherapy and radiation therapy, which, along with the disease, have damaged her internal organs, the lawsuit says. 

The negligence of the doctors has put the woman to be at risk of premature death and loss of life expectation, the lawsuit says. 

She has also suffered special damages through out-of-pocket expenses for care. 

The woman is seeking general damages for pain and suffering, as well as special damages, including for future care costs, loss of future income and medical expenses.