Alexander v. Scheid

Alexander's (plaintiff) doctor, Scheid (defendant), failed to follow up on a chest X-ray finding that recommended comparison with prior films; nearly a year later, her cancer, which experts said had progressed from a 70%-survival Stage I to a 20%-survival Stage IIIa during the delay, was finally diagnosed. She sued for malpractice, alleging both the physical destruction of healthy lung tissue during the delay and her reduced life expectancy, but the trial court granted summary judgment for the defendants on the theory that a mere increased risk of future harm isn't a compensable injury.