Undiagnosed Stroke

A Kentucky appellate court has overturned the lower court’s dismissal of a stroke patient’s lawsuit against a radiologist and hospital. The plaintiff’s rheumatologist diagnosed him with systemic vasculitis and referred him to radiologist Paul Wesley Lewis who specializes in diagnostic radiology as well as vascular & interventional radiology. While in hospital recovery following his 2010 angiogram, David Shackleford complained of seeing white spots and a headache but was released to go home. Upon re-entering the hospital the next day, an MRI showed signs “of multiple areas of infarct, indicative of a stroke.” Shackelford is suing Dr. Lewis and Ashland Hospital Corporation for medical negligence in ignoring his symptoms while he was under their care. Shackelford’s expert witness testified that Lewis should have performed an immediate diagnostic MRI when his patient exhibited transient floaters and headaches following the angiogram. If the results indicated a stroke, Shackelford should have been treated with oxygenation and blood pressure management. The July 21, 2017, Kentucky Court of Appeals opinion reversed and remanded the decision saying the Boyd Circuit Court improperly granted summary judgment.

WebMD tells us that “An angiogram is an X-ray test that uses a special dye and camera (fluoroscopy) to take pictures of the blood flow in an artery or a vein. In some cases, a method called interventional radiology may be used during an angiogram to treat diseases.”

Radiologists diagnose a wide range of diseases as well as determining when additional testing or follow-up is required. They interpret plain X-ray films, computed tomography (CT or CAT Scan), magnetic resonance imaging (MRI), ultrasonography, positron emission tomography (PET scan), and angiograms.  While litigation against radiologists most often focuses upon the alleged misinterpretation of imaging studies, in this case, the plaintiff alleges that his doctor did not order the MRI that his symptoms necessitated. When a plaintiff charges his radiologist with medical negligence, the radiology expert witness gives unbiased testimony that is used to support the litigant’s argument in the case. ELITE Medical Experts works with leading university faculty radiology expert witnesses. Contact ELITE to get start-to-finish litigation support for your next radiology case.

Radiology Malpractice Litigation

In Radiology Malpractice Claims in the United States From 2008 to 2012: Characteristics and Implications, the Journal of the College of Radiology reports on a study led by Dr. H. Benjamin Harvey.  Dr. Harvey found radiology was the eighth most likely responsible service to be implicated in a medical malpractice claim. “Radiology malpractice claims most commonly involve diagnosis-related allegations in the outpatient setting, particularly cancer diagnoses, with approximately one-third of claims resulting in payouts to the claimants.”

The board certified radiology expert witness from a top academic medical center is a crucial advantage in litigation regarding radiology standard of care. The American Board of Radiology explains the importance of certification:

Board certification serves as an important marker for a high standard of care. It reflects the critical core values of compassion, patient-centeredness, and a passion for education. Patients, physicians, healthcare providers, insurers, and quality organizations look for board certification as the best measure of a physician’s knowledge, experience, and skills to provide quality health care within a given specialty.

Diagnostic Radiology (DR) is the specialty of clinical medicine that encompasses a variety of diagnostic and image-guided therapeutic techniques, including all aspects of radiological diagnosis, nuclear radiology, diagnostic ultrasound, magnetic resonance imaging, computed tomography, interventional procedures, and the use of other forms of radiant energy.

Interventional Radiology (IR) is the specialty of clinical medicine that uses minimally invasive image-guided procedures to diagnose and treat diseases….

Radiation Oncology (RO) is the specialty of clinical medicine concerned with the prevention, cause, and treatment of cancer and selected benign conditions, with the use of ionizing radiation as a treatment tool.

Medical Physics (MP) is the specialty of physics that includes therapeutic medical physics, diagnostic medical physics, and nuclear medical physics.

A certificate granted by this Board does not of itself confer, or purport to confer, any degree or legal qualifications, privileges, or license to practice in the certified discipline.

In 2014, a jury awarded $16.7M to the daughter of a Boston woman who died of lung cancer after radiologist Dr. Peter Clarke of Brigham and Women’s Hospital missed evidence of the cancer in a chest X-ray.  The board certified radiology expert witness serves as an impartial and independent professional in this type of litigation. In a radiology negligence lawsuit, the top tier expert witness is critical to ensure the case is litigated on sound medical grounds.

Contact ELITE Medical Experts to find the expert witness who understands the details of your medical malpractice case.