Lawsuit Alleges Medical Negligence and Retained Tumor After Mastectomy

A medical malpractice lawsuit has been filed against Clalit Health Services and the Mor Imaging Institute, alleging severe negligence in the treatment of a cancer patient whose bilateral mastectomy left her with the original tumor still inside her body. According to the lawsuit, filed through attorney Adi Abergel Bruerman, suspicious signs of a malignant growth were missed during routine screenings for a patient identified as Naama, delaying her diagnosis by approximately three years. Furthermore, the legal filing claims that even after she underwent the mastectomy, medical staff failed to remove the actual tumor, forcing her to endure subsequent surgeries and grueling treatments.

Delayed Diagnosis and Treatment

According to the complaint, Naama had previously recovered from left-breast cancer after undergoing surgery, chemotherapy, and radiation therapy. During subsequent follow-ups, mammography results were repeatedly interpreted as normal. However, a radiology expert opinion attached to the lawsuit revealed that a new finding had appeared in the initial scan, which should have triggered further investigation. A scan conducted a year later showed that the finding had grown. Taking into account her medical history and dense breast tissue, the expert concluded that additional imaging was clearly warranted.

Ultimately, cancer in the left breast was diagnosed, involving an axillary lymph node. Following chemotherapy that shrank the tumor, Naama underwent a bilateral mastectomy and reconstruction a year later—the left breast was removed to treat the cancer, while the right breast was removed preventively.

The Tumor Was Left Behind

The lawsuit asserts that the surgical procedure failed to remove the tumor itself. The growth had been pre-marked with a metal clip to ensure precise localization. Despite this, the medical team excised the breast tissue but left the targeted tumor area behind. The staff allegedly failed to notice the omission, even when the excised tissue analysis did not show the marked tumor, and neglected to perform an X-ray of the removed breast to verify that the clip had been extracted, as required under standard protocols.

Roughly a year later, lumps appeared in the surgical area. Naama was forced to undergo a second surgery and subsequent radiation treatments. Medical records cited in the lawsuit indicate that the original tumor was never removed during the first operation, meaning the new masses were not a recurrence or a new cancer, but the lingering primary tumor.

Severe Complications and Patient Response

The plaintiff's oncology expert noted that had the cancer been diagnosed in time, a far less invasive treatment would have sufficed. The damages detailed in the lawsuit include muscle disease restricting mobility, cardiac impairment, and chest wall deformation. Additionally, Naama suffered tissue necrosis and a failed breast reconstruction, leaving her without a left breast.

"I was told there was no alternative—that I had to undergo a double mastectomy because I could not receive radiation a second time," Naama told the press. "In the end, I had to go through a difficult amputation, suffered severe pain, failed to heal, and was forced to undergo radiation all over again. Even the reconstruction failed and resulted in necrosis. Experts say the heart failure I now suffer from was also caused by this ordeal. Accepting the loss of my breasts was hard enough, but going through all of this only to be left disabled is devastating."

Attorney Abergel Bruerman summarized that the case details two consecutive failures: missed suspicious findings followed by a failure to verify that the marked tumor had actually been excised. The plaintiff is seeking compensation for physical damages, pain and suffering, medical expenses, and assistance needs. The defendants, Clalit and Mor Institute, stated that the lawsuit has been received and they will respond through formal legal channels.