A 68-year-old woman’s gynecologist ignored a lump on her breast for 11 months and failed to order a biopsy. As a result, her breast cancer spread. The woman’s subsequent physician later detected the cancer, but by that time it was too late to save her, and she died shortly thereafter.

Edmund J. Scanlan filed a medical malpractice action against the gynecologist and convinced the second doctor who detected the lump to testify against the gynecologist. At the second doctor’s deposition, he testified that the woman’s gynecologist was negligent by failing to order a biopsy as soon as he detected the lump. According to Scanlan, “most doctors are extremely unwilling to testify against their peers, but I was able to convince the second doctor that the gynecologist’s conduct was so grossly negligent and so below the standard of care that it was his duty to help us out.” As a result, Scanlan obtained a settlement of $500,000 for the woman’s estate.