A radiologist reads a routine, pre-operative chest x-ray for a patient who is going for hip replacement surgery. The patient has no smoking or occupational histories that would predispose her to lung cancer. The x-ray is read as normal.

The surgery goes well, and she is discharged for rehab. Three years later, the patient is coughing up blood (hemoptysis) and is short of breath (dyspneic). A chest x-ray shows a large tumor in the right upper lobe of her lung. A CAT scan confirms this, a biopsy is done, and a diagnosis of adenocarcinoma (cancer) of the lung is made.

The radiologist who read the 2nd chest x-ray and CAT scan asks to see the first film. Upon reviewing it, he remarks, "Wow. This cancer was obvious even back then, but it would have been much easier to treat, and not a death sentence.

The patient undergoes surgery, radiation therapy, and chemotherapy. She and her husband sue the first radiologist.

Does she have a case? Yes or no. If no, why not? If yes, explain the following aspects of this malpractice case:

• Duty
• Breach
• Causation
• Damages

Does her husband have a case? Yes or no? What is the legal term for his case (even if you don't think he has one)?