Two radiologists represented by SLS are vindicated by defense verdict in wrongful death case.
Estate of Patient v. Radiologists
Circuit Court of Jasper County
The widower and children of a deceased patient sought damages from two radiologists represented by SLS attorneys Jayson Ford and Tracey Dujakovich. The radiologists had interpreted a series of plain x-rays, bone scans and Magnetic Resonance Images (MRI) of the patient. The radiologists opined that the studies showed abnormalities of the thigh bone (femur) that was consistent with an acute injury (bone bruise). Another MRI performed a year later revealed that the abnormality was actually an aggressive cancer originating from the bone (osteosarcoma). After a lengthy course of chemotherapy, patient died. The surviving family members instituted a wrongful death lawsuit against the two radiologists, alleging that they were negligent in failing to diagnose the osteosarcoma. Further, plaintiffs alleged that the delay in the diagnosis of the cancer took away any hope of survival. In defense of the two radiologists, Ford and Dujakovich established that the radiologists’ interpretation that the studies were consistent with an acute injury was supported by the totality of the circumstances and that the failure to diagnose the osteosarcoma did not constitute negligence. Although in retrospect the abnormalities described by the radiologists were not acute traumatic bruises, Ford explained to the jury that reaching the incorrect diagnosis did not constitute negligence.
The jury returned a defense verdict for both of the radiologists represented by SLS.