Diagnostic errors account for one-third of all medical malpractice claims in Miami and throughout Florida.
A diagnostic error is defined as any time a medical diagnosis is wrong, missed or delayed. According to research by the National Patient Safety Foundation, diagnostic errors occur anywhere from 15 to 20 percent of the time. Part of the reason they account for a higher percentage of malpractice claims is because they are so often devastating.
Consider the recent case of Trover v. Estate of Burton, recently reviewed by the Kentucky Supreme Court. According to court records, the patient sued both her doctor and the clinic where he worked, alleging negligence and vicarious liability after the doctor allegedly misread computed tomography scans of her lungs. As a result, she claimed, the diagnosis of her lung cancer was significantly delayed, resulting in a reduction of her treatment options. She did in fact die prior to the trial, and the case was carried on by her heirs.
Hers was one of 49 total lawsuits brought against this same physician following allegations made by an oncologist at a nearby medical center, who claimed the defendant, a radiologist, had poor practice habits and did not reliably read the results of mammograms (which detect incidents of breast cancer) and other diagnostic images.
In the run up to the resulting trials, the state’s medical licensure board reviewed the allegations. Although the doctor appeared to be well-trained and capable, he reportedly lacked diligence. Additionally, where workloads for full-time radiologists indicate an average of 12,800 diagnoses annually, this doctor was averaging more than twice that at 30,000 a year. Mistakes were bound to occur.
The doctor later left the practice while his Kentucky medical license was temporarily suspended and resumed working out-of-state in Michigan. He then successfully completed an education plan as outlined by the Kentucky Board of Medicine and his medical license there was reinstated.
During the Burton trial, the plaintiff attorney presented evidence that on three separate occasions, the defendant doctor studied CT scans of her lungs, and yet failed to identify and report lesions that appeared on those scans – one on each lung. Both of those lesions eventually became cancerous. Expert witnesses for the plaintiff testified that the lesions were identifiable as matters of real concern as early as February 2003. And yet, they claimed, the doctor failed to identify those lesions in readings he conducted at that time, as well as in September 2003 and January 2004. He did not properly identify the lesions until August of 2004. By that time, the lesions had become cancerous, and they had spread.
The disease proved difficult to treat, and she died in 2008.
The court refused to allow the plaintiff’s attorney to cross-examine the defendant doctor regarding the status of his licensure in Kentucky. At the conclusion of the trial, a jury found in his favor.
Later, an appellate court reversed that decision, finding that the trial court erred by not allowing this cross-examination, which was not harmless. As the plaintiff attorneys pointed out, the evidence of this was relevant because it pointed to the fact that the doctor was reading an excessive number of images each year. Further, the board had conditioned his license on not reading more than 100 images a day.
Unfortunately, the state supreme court reversed again, and found that the trial court had not abused its discretion in refusing to allow the doctor to be cross-examined on this issue.
Despite the outcome in this case, the fact is that many medical malpractice claims based on diagnostic errors are successful. They do, however, require a law firm that is experienced in the proper approach.
If you have been injured due to medical malpractice in Miami, contact the Law Offices of Jose M. Francisco.
Recommended Articles:
Medical Misdiagnoses in Miami Most Common Form of Medical Malpractice
Beauty Treatment Lawsuit in Florida May Fall Under Medical Malpractice
Florida Medical Malpractice – Steps to Finding a Lawyer