Articles Posted in Radiology Malpractice

New York Court Discusses Expert Qualifications in Medical Malpractice Cases

Published on: June 15, 2022 | By Jeff DeFrancisco

Most doctors undergo training for their specialty and have little experience working in other areas. This does not mean that a doctor can only offer expert testimony in medical cases involving the precise area of their practice, however. Instead, as shown in a recent New York opinion, a doctor can offer expert testimony outside of their field if they are otherwise qualified. If you were hurt by a negligent doctor, it is in your best interest to speak to a Syracuse medical malpractice lawyer about what evidence you need to produce to demonstrate liability.

The Facts of the Case

It is alleged that the decedent, who was 61 years old, presented to the emergency department of the defendant hospital with complaints of shortness of breath. He underwent a chest x-ray and was diagnosed with pneumonia. The radiologist that interpreted his chest x-ray noted that he had a normal-sized heart, and his lungs showed mild bibasilar interstitial prominence. He was subsequently discharged with a prescription for antibiotics and a directive to follow up with his primary care doctor.

Reportedly, he underwent a second chest x-ray that showed his heart was at the upper limit of normal, and his lungs were clear. He continued to suffer from chest pain and shortness of breath. Approximately six months later, he died from systolic heart failure and dilated cardiomyopathy. His wife then filed a medical malpractice lawsuit against the hospital and the radiologists who interpreted his chest x-rays. The defendants moved for summary judgment on the grounds that the plaintiff’s experts were not qualified to offer opinions on the standard of care that applied to radiologists. The court granted the motion, and the plaintiff appealed. Continue Reading ›

Court Discusses Demonstrating Proximate Cause in New York Medical Malpractice Cases

Published on: June 11, 2022 | By Jeff DeFrancisco

Although doctors have an obligation to provide their patients with competent care, it is not uncommon for a doctor to make mistakes during the treatment of a patient. While medical negligence may provide grounds for pursuing a medical malpractice claim, a careless physician will only be held accountable if their negligence proximately caused a patient to suffer harm. In other words, negligence, in and of itself, does not constitute medical malpractice, as explained in a recent New York ruling. If you suffered harm because of the recklessness of your treatment provider, you have the right to seek compensation, and you should meet with a Syracuse medical malpractice lawyer.

Facts of the Case

It is reported that the plaintiff underwent a mastectomy of her right breast in 1998 due to breast cancer. She began to experience breast pain in 2010 and advised her physiatrist of her symptoms. The physiatrist prescribed her an ultrasound, which she underwent; the results were normal. She subsequently underwent an MRI, which revealed a mass in her right breast. The plaintiff intercepted the communication between the physiatrist and the radiologist describing the abnormality.

Allegedly, a second doctor that plaintiff saw referred her to a breast surgeon, who provided her with referrals for additional testing and stressed the urgency of her situation. The plaintiff did not feel comfortable with the surgeon, however, and delayed seeking any additional treatment for one year. When she sought care, she was diagnosed with Stage IV breast cancer. She filed a lawsuit against her treatment providers, alleging that their delayed diagnosis worsened her prognosis. The defendant’s moved for summary judgment, and the court ruled in their favor. The plaintiff appealed. Continue Reading ›

New York Court Explains the Elements of a Lack of Informed Consent Claim

Published on: February 13, 2022 | By Jeff DeFrancisco

Many medical treatments carry some degree of risk. As such, doctors must fully advise patients of the potential side effects and adverse consequences of a treatment so that the patient can make an educated decision regarding whether to proceed. If a doctor fails to do so, they may be liable for the patient’s lack of informed consent. Recently, a New York court discussed the elements of a lack of informed consent claim in a matter in which the plaintiff asserted he suffered harm following orthopedic injections. If you were hurt due to the negligence of a radiologist, you might be able to recover compensation, and it is advisable to confer with a Syracuse medical malpractice attorney to determine what evidence you have to submit to establish fault.

The Plaintiff’s Harm

It is reported that the plaintiff treated with the defendant podiatrist and defendant radiologist for pain caused by bone spurs. Per the defendant podiatrist’s referral, the defendant radiologist administered guided steroid injections into the back of the plaintiff’s feet. As a result of the injections, the plaintiff suffered torn Achilles tendons in both feet. He subsequently filed a lawsuit against the defendants asserting claims of medical malpractice and lack of informed consent. The defendant later filed motions for summary judgment. The trial court denied their motions, and they appealed.

Elements of a Lack of Informed Consent Claim

The appellate court affirmed the trial court ruling. In New York, a plaintiff alleging medical malpractice due to a lack of informed consent has to prove that the defendant failed to inform the plaintiff of the reasonably foreseeable risks of the treatment and any alternative treatments and that a reasonable practitioner would have. The plaintiff must also prove that a person of reasonable prudence that is in the same position as the plaintiff would not have undergone the treatment had they been so informed and that the lack of informed consent proximately caused the plaintiff to suffer actual harm. Continue Reading ›

Court Explains Factors Considered in Evaluating Whether to Vacate a Verdict in a New York Medical Malpractice Case

Published on: September 5, 2021 | By Jeff DeFrancisco

One of the key components of medical malpractice cases is the standard of care. Specifically, a plaintiff must establish that applies to the allegedly negligent health care provider and provide expert testimony explaining the manner in which the defendant breached the standard. In cases in which the parties produce conflicting evidence regarding what standard applies, the jury is free to accept either party’s assertion. As discussed in a recent opinion issued in a New York radiology malpractice case, the adoption of one expert’s opinion over the other may not constitute grounds for reversal. If you were harmed while undergoing diagnostic imaging, it is wise to speak to a skilled Syracuse medical malpractice lawyer to discuss your rights.

The Plaintiff’s Harm

Allegedly, the plaintiff underwent a diagnostic imaging test at the defendant hospital. Prior to the test, an IV was placed in her hand, and during the test, CT contrast media was administered to her at a rate of 1.3 ccs pers second. The contrast media subsequently leaked from her veins into her surrounding tissues, causing her to suffer numerous complications, including compartment syndrome, which required a surgical repair.

It is reported that she subsequently filed a medical malpractice lawsuit against the defendant hospital and the defendant radiologist who administered the test. As to the defendant radiologist, she alleged that he deviated from the standard of care by administering the contrast media at a flow rate higher than 1.0 ccs per second. At trial, the parties submitted conflicting expert testimony regarding what was required under the applicable standard of care. The jury ultimately found in favor of the defendant, and the plaintiff appealed. Continue Reading ›