Bone Health Legal Case Studies

Below are three brief case summaries that involve the failure to diagnose or treat osteoporosis.  It is important to note that some of these cases do not involve the failure to diagnose or treat osteoporosis after a fracture.  However, these cases still demonstrate instances in which physicians failed to timely diagnose or treat a patient with osteoporosis.  Also note that the cases below do not involve failure to diagnose or treat low bone mass.

1.)  Friedlander v. Lefrak, 801 N.Y.S.2d 233 (N.Y.Sup. 2005) - Plaintiff fractured her hip due to a slip and fall.  As a result, Plaintiff underwent partial hip replacement surgery.  It was not until Plaintiff's second attempt at hip surgery, that her physician discovered that Plaintiff suffered from osteoporosis.  Plaintiff then filed a lawsuit against her physician, the hospital and the hospital staff (Defendants) for their failure to diagnose Plaintiff with osteoporosis, before, during or after her initial hip surgery.  Plaintiff argued that had Defendants discovered that she suffered from osteoporosis, then they would have recommended that Plaintiff undergo a total hip replacement at the outset in lieu of a partial replacement.   Defendants moved to dismiss themselves on the basis that Plaintiff failed to state a negligence claim against each of them.  The court denied Defendants' motion.

2.)  Burchfield v. U.S., 168 F.3d 1252 (C.A. 11 1999) - Plaintiff had a tumor on his pituitary gland.   Physicians operated to remove the tumor and subjected Plaintiff to corticosteroid therapy.   In response to the therapy, Plaintiff began to develop osteoporosis and suffered from several injuries, including rib fractures and collapsed vertebrae.  At no point in time did Plaintiff's physicians diagnose or treat Plaintiff with osteoporosis.  Plaintiff then filed an administrative claim against the VA and 13 VA physicians for their failure to initially diagnose and treat Plaintiff with osteoporosis during the time they were monitoring his therapy treatment.   The district court dismissed Plaintiff's complaint for lack of jurisdiction, but the court of appeals reversed the decision and remanded back to the district court.

3.)  Stevens v. Sadiq, 176 Ill.App.3d 333 (4th Dist. 1988) - Plaintiff's physicians (Defendants) diagnosed her with bone cancer.   Subsequently, Plaintiff learned that she did not have bone cancer or any cancer for that matter.  Rather, Plaintiff suffered from senile osteoporosis.  The administrator of Plaintiff's estate filed a lawsuit against Defendants for their failure to diagnose and treat Plaintiff with osteoporosis, which caused Plaintiff to endure great pain and suffering.  The lawsuit went to trial, but Defendants prevailed on the basis that Plaintiff failed to prove a standard of care with respect to diagnosing and treating bone cancer.  Even though Plaintiff did not prevail in this case, it was not because the facts failed to illustrate Defendants' inability to properly diagnose Plaintiff with osteoporosis.