Medical Malpractice Case Against
Baptist Health Care, Inc.
When Deborah Higgs discovered a new lump in her breast, she sought medical care, trusting the diagnostic process and the information she received. She was told everything was normal.
Months later, she learned she had Stage IV breast cancer.
Represented by Freidin Brown, P.A., Deborah pursued a medical malpractice case alleging that her cancer should have been diagnosed sooner. Her case ultimately led to an outcome that extended beyond the courtroom, with changes designed to strengthen patient care and communication for those who come after her.
Deborah Listened to Her Body
Long before her diagnosis, Deborah Higgs had learned to pay close attention to her breast health. After experiencing breast calcifications in her early twenties, she became diligent about routine screenings and never ignored changes in her body. So when she discovered a new lump in December 2021, she did what she had always done—she sought medical care without delay.
Deborah wasn’t waiting for symptoms to worsen or hoping the lump would disappear on its own. She sought answers from the healthcare professionals responsible for helping her find them.
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A Reassuring Result, A Different Reality
After discovering the lump, Deborah underwent a diagnostic mammogram and breast ultrasound at Baptist Medical Park – 9 Mile in Pensacola. According to the lawsuit, the imaging was interpreted by a radiologist providing services through Radiology Associates of Pensacola, Inc. d/b/a Akumin Medical Imaging.
Although Deborah sought care after finding a new, palpable lump, the lawsuit alleged that the radiologist did not physically examine the area of concern before interpreting the imaging studies. The imaging was reported as benign, and Baptist Hospital later notified Deborah that her results were normal.
With no indication that additional testing or immediate follow-up was needed, Deborah had every reason to believe the answers she received were reassuring.
Over the months that followed, however, the lump continued to grow. What had once been painless became increasingly uncomfortable. By the fall of 2022, Deborah returned to her primary care provider, who referred her to a surgeon for further evaluation.
During the physical examination, the surgeon immediately recognized that Deborah’s condition required further investigation and ordered additional diagnostic imaging. This time, the imaging was interpreted as highly suspicious for malignancy. A biopsy confirmed the diagnosis: Stage IV breast cancer.
The Eight Months That
Changed Everything
According to expert testimony presented during trial, Deborah’s breast cancer was likely at an early stage when she first sought care in February 2022. Her attorneys presented testimony from medical experts who stated that a timely diagnosis would have given her the opportunity for treatment while the disease was still considered curable.
Instead, Deborah’s cancer was not diagnosed until approximately eight months later, after the lump had grown larger and become painful. By then, a biopsy confirmed that the disease had progressed to Stage IV breast cancer.
Helping Future Patients
Starts with Listening to One
While the $7 million global settlement provided meaningful compensation for Deborah, the final settlement agreement also accomplished something she had hoped for from the very beginning: changes intended to better protect future patients.
As part of the settlement, Baptist agreed to revise its patient communications so that women undergoing diagnostic mammograms receive clearer guidance encouraging them to follow up with their healthcare provider, even if their imaging results appear benign or normal.
The radiology group also agreed to implement a new policy for patients who present with a palpable breast lump. Women now have the opportunity to request an examination by the interpreting radiologist. If a radiologist is not immediately available, the patient will be offered a follow-up appointment or a referral for additional evaluation.
For Deborah, these changes carried special meaning. Throughout the case, she remained focused not only on what happened to her, but also on the hope that another patient might avoid the uncertainty and heartbreak she experienced.
"If my story and the policy changes in this settlement help protect even one woman, I will know I did my part."
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Looking Ahead
Deborah Higgs’s case is a reminder of what can happen when a patient places their trust in the healthcare system and that trust is broken. While no legal outcome can change her diagnosis, her willingness to speak up helped create an opportunity for meaningful change.
At Freidin Brown, P.A., we were honored to stand beside Deborah throughout her pursuit of accountability. Cases like hers reinforce why we do this work: to advocate for patients and families, to help them find answers after preventable harm, and to encourage safer care for those who come after them.
If you or a loved one has received a delayed cancer diagnosis, experienced a cancer misdiagnosis, or believe another medical condition was not diagnosed or treated appropriately, our Florida medical malpractice attorneys are here to help. We proudly represent clients throughout Florida and can help you understand your legal options during a confidential consultation.
