ANN ARBOR (AP) – A woman who wasn’t told for five years that she had a cancerous kidney can sue a doctor and a clinic for failing to share the news.

The Michigan appeals court overturned a decision by a Washtenaw County judge who had dismissed Marie Huddleston’s lawsuit.

A test showed evidence of a cancerous lesion on a kidney in 2003, but it was not reported to her. Another test in 2008 showed the lesion had grown, forcing the removal of one of Huddleston’s kidneys.

Although Huddleston still has one good kidney, the appeals court says that shouldn’t prevent her from suing and seeking compensation.

In a 2-1 decision, the court says medical professionals shouldn’t get a pass on possible malpractice just because a patient has another good organ.

© Copyright 2012 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

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