Attorneys Evan Baker and John Shusted Successfully Obtained Unanimous Defense Verdict for Family Medicine Physician

On Thursday, May 14, 2026, attorneys Evan Baker and Jack Shusted secured a unanimous defense verdict on behalf of a board-certified family medicine physician in the Chester County Court of Common Pleas.

The Plaintiff alleged that the family medicine physician deviated from the standard of care by failing to order lung cancer screening for a patient with a long-time smoking history and that the alleged failure caused the patient’s death from lung cancer.

The defense successfully demonstrated that the physician’s care and treatment of the patient met the applicable standard of care at all times. Central to the defense was the existence of two recognized schools of thought within the medical community regarding lung cancer screening guidelines during the relevant period. Specifically, the defense established that the American Academy of Family Physicians (AAFP), the governing organization for family medicine practitioners, had not adopted the United States Preventative Services Task Force (USPSTF) lung cancer screening recommendation during the time period the patient was under the physician’s care. The defense demonstrated that the physician’s adherence to the AAFP guideline was consistent with treatment supported by a considerable number of respected professionals.

The jury also heard testimony reflecting the physician’s decades of dedicated and attentive service to his community; a testament to the quality of care and genuine compassion for his patients that defined his medical practice throughout his career.

The defense further established through expert oncology testimony that the patient’s cancer was an aggressive, rapidly growing malignancy for which earlier detection was unlikely to have altered the patient’s outcome.

The jury returned a unanimous verdict in favor of the defense, finding that the family medicine physician did not deviate from the standard of care.