Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Medical Malpractice

DBMS Obtains Not Guilty Verdict in Three-Week Trial for Alleged Failure to Diagnose Lung Cancer Case

July 28, 2023



Defense Verdict


Michael Borree and David Handley of DBMS successfully defended a family medicine physician at trial in Cook County against allegations of failure to timely diagnose lung cancer.  Plaintiff claimed that the defendant family medicine physician and co-defendant otolaryngologist failed to recognize and act on the signs and symptoms of lung cancer between 2013 and 2016, resulting in the patient’s death in 2016.  Plaintiff further alleged that the patient developed lung cancer that could have been treated if acted upon in a timely fashion.

Plaintiff’s expert witness testified that DBMS’ client was required to order a screening CT scan of the patient’s chest and/or refer the patient to a pulmonologist.  DBMS’ attorneys presented expert testimony that the family medicine physician could reasonably rely upon the otolaryngologist who was treating the patient for a chronic cough in the relevant timeframe.   Also, DBMS’ attorneys also presented testimony that the patient was not eligible for a screening CT scan, based upon well-recognized guidelines.   Further, testimony was also presented from DBMS’ oncology expert, a lung cancer specialist, that the patient’s lung cancer was a particularly aggressive form of cancer brought on by the patient’s smoking habit, and that the cancer was likely not present as early as 2013 – 2014.

After plaintiff requested over $3 million in damages, the jury returned a verdict for the defense.