Estate Sues for Medical Negligence Over Failure to Diagnose Cancer


On Thursday a wrongful death case was filed in the Circuit Court of the 11th Judicial Circuit for Miami-Dade County, Florida. The case was filed against Dr. Elizabeth Etkin-Kramer, Carrie Horst, and the Diagnostic Center for Women by the proposed personal representative of the estate of the now-deceased patient for the wrongful death of the patient as a result of medical negligence in failure to diagnose cancer. 

The patient was previously diagnosed as being at high-risk for uterine cancer. Despite having this status, Dr. Etikin-Kramer did not prescribe scheduled testing and only saw the patient on an as-needed basis, according to the complaint. During the treatment period, the patient received pelvic ultrasounds that were interpreted by Carrie Horst, but no diagnosis of cancer was made and no recommendation for further testing was advised, the complaint noted. The personal representative asserted that the patient was later admitted to Mt. Sinai Hospital, where it was discovered that she had stage 4 uterine cancer that had metastasized to the spine and required immediate surgery. The complaint stated that the patient later passed away from complications of the cancer.

The personal representative is suing Dr. Etkin-Kramer, Ultrasound technician Carrie Horst, and the Diagnostic Center for medical negligence in failing to diagnose the cancer and for failure to prescribe follow up testing that could have detected the cancer. The plaintiff is represented by Lambrose Law PLLC. No counsel has been entered to date for the defendants.