Woman says delay in breast cancer diagnosis caused injury

By Kathryn Swartz | Dec 12, 2013

CLAY - A woman is suing a medical facility, alleging delayed diagnoses of breast cancer.

Jeanne Nottingham filed a lawsuit Dec. 2 in the Circuit Court of Clay County against Primary Care Systems Inc., Sarah B. Chouinard M.D. and Kimberly Ann Bird, M.S.N., FNP-BC, citing professional malpractice.

Nottingham, as a patient at Primary Care Systems under the care of Chouinard and Bird, had a mammogram in February 2010 that was found abnormal.

According to the filing, the radiologist recommended further studies, but follow-up was not obtained until Aug. 4, 2011. Nottingham was diagnosed with right breast cancer on Aug. 21, 2011, she says

The plaintiff had a right breast mastectomy on Aug. 26, 2011, followed by a left breast mastectomy on Oct. 5, 2011, and underwent chemotherapy and radiation treatments, she says.

The plaintiff alleges that the failure of the defendants to provide a timely follow-up breached the applicable standard of care, and as a direct result of the negligence the defendants caused Nottingham permanent injuries.

The plaintiff is demanding a jury trial. She is being represented in the case by Charleston attorney John R. Mitchell.

Circuit Court of Clay County Case No. 13-C-36

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