Texas Woman Wins Cancer Misdiagnosis Lawsuit

Whitney Taylor | August 7th, 2013

Cancer Misdiagnosis Lawsuit A Texas woman was recently awarded more than $367,000 in damages in her cancer misdiagnosis lawsuit. The plaintiff in the case, Herlinda Garcia, had been diagnosed with stage IV breast cancer by her doctor. She also underwent seven months of intensive chemotherapy treatments – only to find out she never had cancer in the first place.

Woman diagnosed with terminal breast cancer

Garcia, a 54-year-old mother of four, learned of her diagnosis in 2009, just one month after undergoing surgery to remove a benign tumor from her left breast. When an oncologist, Dr. Ahmad I. Qadri, told her she had terminal breast cancer, Garcia did not think about questioning the results after her previous procedure. Instead, she set her sights on seven months of grueling treatment, and planned for her inevitable death.

According to media reports, Garcia gave away belongings, created a bucket list and arranged for hospice care in her home. During her months of chemo, Garcia was also placed on anti-anxiety medications to help her deal with the extreme stress of her situation. It was her anxiety that alerted Garcia to the truth she never had cancer, and her filing of a cancer misdiagnosis lawsuit.

Garcia was admitted to a hospital in 2011 to undergo treatment for severe anxiety. At that time, doctors ran basic screenings due to Garcia’s status as a cancer patient. It was then that doctors began to suspect Garcia had never had breast cancer in the first place.

Garcia then had subsequent testing at M.D. Anderson Cancer Center to confirm suspicions. Specialists at the cancer center found that Garcia had been cancer free since 2009. The treatments she had undergone in an attempt to fight the terminal disease she had been diagnosed with were completely unnecessary.

Jurors award plaintiff in cancer misdiagnosis lawsuit

While Garcia was thrilled with the news, she was also angry at the years she had lost thinking she was fighting a terminal disease. She filed a cancer misdiagnosis lawsuit against Dr. Qadri, who had made the incorrect diagnosis based on a misreading of Garcia’s test results. Although Dr. Qadri died before the jury made its decision, Garcia was awarded $367,500 from his estate in damages for her mental suffering.

The circumstances of this case were decidedly unique, with misdiagnoses of this magnitude to be relatively rare. However, any misdiagnosis can be a devastating event for both the patient and family.

Contacting a New York medical malpractice lawyer

New York residents who have suffered the effects of a misdiagnosis may be eligible to file a medical malpractice lawsuit. However, the statute of limitations in New York is very short, spanning only 2 ½ years after the wrong diagnosis is made. In some cases, it can take nearly this long to realize a misdiagnosis was given, leaving the patient little time for legal recourse.

For this reason, it is important that patients who suspect they were victims of misdiagnosis to contact a New York medical malpractice lawyer right away. The sooner a legal team can begin working on a case, the more likely that claim will be filed within the limited period of time. Attorneys will also know of possible exceptions to the statute of limitations that could give the individual more time in preparing a case.

The Sanders Firm has been helping victims of medical negligence for more than four decades. Our team is committed to helping those who have suffered from a cancer misdiagnosis or other type of malpractice. If you suspect you have been the victim of a misdiagnosis, contact our law offices today. We help residents of Long Island, Queens, Brooklyn, the Bronx, Staten Island, and Manhattan recover the legal compensation they are entitled to. Call us at 1.800.FAIR.PLAY (800.324.7752) for a free evaluation of your case.


  1. CBS News, Woman Gets Chemo only to Find Out She Never had Cancer http://www.cbsnews.com/8301-204_162-57594257/woman-gets-chemo-only-to-find-out-she-never-had-cancer/

  2. Houston Chronicle, Victoria Woman Wins Lawsuit after Mistake had Prepared her to Die http://www.chron.com/news/houston-texas/houston/article/Victoria-woman-wins-lawsuit-after-mistake-had-4668335.php