Articles Posted in Radiology Errors

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Dr. Fangxiang Chen was an agent of Mercy Clinic East Communities.

Dr. Chen allegedly recommended that the plaintiff, Natalie Avilez, 39, undergo a minimally invasive right-sided microdiscectomy at T7-8. A microdiscectomy procedure is a type of minimally invasive discectomy commonly used to treat a herniated disc. When a herniated disc compresses a spinal nerve, symptoms can include pain (which may extend down one or both arms and legs, as is the case in sciatica), muscle weakness and difficulty with repetitive motions.

After the surgery, Avilez learned from Dr. Chen that he had operated on the wrong side of her spine and on the wrong level. The next day, Dr. Chen returned Avilez to surgery during which he performed a T6-7 laminectomy before intraoperative imaging showed he was still at the wrong level. Resulting from these incorrect surgeries, Avilez experienced additional pain and increased anxiety.
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Ms. Doe, who had a history of breast cancer, underwent regular breast MRIs. After a tumor was identified on an MRI, her treating radiologist reviewed previous scans and allegedly confirmed that they had been misread as normal for several years. By the time the correct diagnosis was issued, Ms. Doe’s breast cancer had spread to her lymph nodes.

Ms. Doe required chemotherapy and radiation and now has a reduced life expectancy. Furthermore, she incurred $341,000 in medical expenses and $19,000 in lost income.

Ms. Doe sued undisclosed defendants for choosing not to timely diagnose and treat her breast cancer. Had Ms. Doe received an earlier diagnosis, it was claimed that she could have been treated successfully with surgery.
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Robin Mann underwent a screening mammogram at the McGuire Veterans Affairs Medical Center. A doctor there allegedly noted a previously seen mass in Mann’s left breast but did not order an ultrasound.

Approximately two years later, Mann underwent another screening mammogram that revealed no new masses. The following year, she noticed a mass in her left thigh, a small lump in her right buttock and a palpable lump in her left breast. A physician at McGuires Women’s Health Center allegedly diagnosed a benign fibrocystic condition and ordered another mammogram. After undergoing this test, Mann was advised to continue with routine screening mammograms.

The lump in Mann’s breast grew larger. She underwent a diagnostic mammogram, but this allegedly was not compared to the previous images. When an ultrasound did show an abnormal mass, Mann underwent a breast biopsy, which led to a diagnosis of high-grade invasive mammary carcinoma.
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Jennifer Schlutt, 26, was diagnosed as having squamous cell carcinoma of the distal urethra or periurethral area.

She underwent a course of radiotherapy treatment, including external beam radiotherapy and the placement of an implant.

During this radiation treatment, which lasted approximately six weeks, Schlutt suffered a severe reaction. She complained to her treating radiation oncologist, Dr. David Hornback, that she was experiencing extreme pain, open wounds, an internal burning sensation and skin hardening.

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Doe, 14, began experiencing headaches, balance issues, fatigue and dizziness. In 2015, Doe underwent an MRI at Florence MRI & Imaging, where radiologist Dr. Zachary Kilpatrick interpreted the MRI as showing no abnormalities, critical findings or cause for concern.

Doe’s symptoms continued intermittently. He underwent a second MRI in 2018. This time, Dr. Kilpatrick identified a brain tumor on the scan.

Doe underwent surgery to remove the tumor of the cerebellum followed by radiation and chemotherapy. Afterwards, Doe suffered a debilitating stroke and continued to experience disabling symptoms, including severe nausea, vision and speak deficits, as well as difficulty walking.
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Maya Cotton underwent a mammogram after she developed a lump in her right breast. The interpreting radiologist allegedly reported that her condition was “probably benign.”

Approximately 16 months later, she was diagnosed as having Stage IIIB breast cancer, which required a bilateral mastectomy, radiation, chemotherapy and hormone therapy.

Cotton sued the radiologist and the radiology group, alleging that they chose not to properly interpret the mammogram, perform an ultrasound and perform a complete examination of her breast lump. The lawsuit claimed that this lack of affirmative action allowed her cancer to spread and become more advanced.
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When Linda Smith began experiencing abdominal pain, bloating and diarrhea, she consulted a gastroenterologist. The doctor ordered a CT scan. It was interpreted by a radiologist, Dr. Jonathan Foss, showing an unremarkable pancreas.

Approximately two and a half years later, Smith read through the radiologist’s addendum to her medical chart, which showed that she had a pancreatic mass. An MRI was recommended for her.

Smith was subsequently diagnosed as having metastatic pancreatic cancer, which required chemotherapy and surgery. Despite undergoing treatment, Smith died at the age of 56. She was survived by her husband and four adult children.
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Gerald Culhane went to his primary care physician at Buffalo Veterans Administration Medical Center, complaining of a lump in his neck over a three-month period. A CT scan was reviewed by a radiologist as being unremarkable. Culhane was told that he did not require a follow-up.

About a year and a half later, he called the Veteran’s Administration and reported that his neck lump was continuing to grow. Another CT scan led to a diagnosis of squamous cell carcinoma in the left tonsil, which required 40 rounds of radiation and 7 cycles of chemotherapy. The cancer recurred. Culhane later underwent a radical tonsillectomy and neck dissection.

Culhane and his wife sued the United States under the Federal Torts Claims Act (FTCA), alleging that the Veteran’s Administration Hospital chose not to timely diagnose squamous cell carcinoma. The Culhane family also alleged that a mass was obviously present when the first CT scan was done and that the scan was wrongly interpreted as negative.
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Doe, age 35, was hospitalized for treatment of pneumonia. Doe’s pneumonia cleared, but follow-up X-rays taken one month later and seven months after that showed a suspicious lesion on her lung. The radiologist interpreting the X-rays chose not to note or record the lesion.

Almost three years later, Ms. Doe underwent a CT scan, which formed the basis of a diagnosis of Stage IV inoperable non-small cell lung cancer.

The lawsuit alleged that the delayed diagnosis of lung cancer reduced Ms. Doe’s chances of survival from 85% to 10% in that the lesion measured 1 cm when first seen but had grown to 3.5 cm by the time she received the diagnosis.
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This appeal to the Minnesota Supreme Court involves a medical malpractice lawsuit brought against the hospital system, Allina Health System. The suit is based on the alleged negligence of independent contractors involved in providing care for a patient in the emergency rooms of two different hospitals owned by the hospital system. At issue is whether a hospital can be held vicariously liable for the negligence of an independent contractor based on the doctrine of apparent authority.

The state court of appeals affirmed the dismissal of the medical malpractice case on the ground that a hospital can be vicariously liable for a physician’s negligence only if the physician is an employee of the hospital. The Minnesota Supreme Court reversed and remanded the case for further disposition.

The plaintiff, Alla Popovich, brought this medical malpractice case as wife and guardian ad litem for her husband, Aleksandr Popovich, alleging that her husband suffered a stroke after receiving negligent medical care in the emergency room of two separate hospitals owned and operated by Allina Health System.
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