Rochester Medical Malpractice and Personal Injury Lawyer Blog
Timely and accurate diagnoses are critical to patient health and recovery. In other words, when physicians fail to identify fractures or other conditions on imaging studies, patients may suffer delayed treatment, avoidable complications, and long-term harm, which may be grounds for pursuing medical malpractice claims. Demonstrating liability for a delayed diagnosis can be challenging, though, and typically requires compelling expert evidence, as illustrated by a recent New York decision. If you believe you or your child was harmed by a delayed or missed diagnosis, you should consult with a Rochester medical malpractice attorney about your rights and potential remedies.
Factual and Procedural History
It is reported that the infant plaintiff was diagnosed with osteogenesis imperfecta (OI), a genetic condition characterized by brittle bones and frequent fractures, in January 2013. Before this diagnosis, the infant’s mother commenced an action on his behalf against several physicians and medical providers. The plaintiffs stated that errors in interpreting earlier imaging studies delayed the diagnosis of OI, leading to additional injuries.
It is further reported that one defendant radiologist allegedly failed to detect a leg fracture on an X-ray taken on September 26, 2011. Another radiologist failed to identify rib fractures on a CT scan performed on February 15, 2012. The plaintiffs asserted that these oversights prevented the early recognition of OI, thereby allowing the infant plaintiff to suffer further fractures and unnecessary pain.
Allegedly, the defendants moved for summary judgment, seeking dismissal of the claims. One radiologist argued that even if a fracture was visible, recognizing it would not have allowed for an OI diagnosis at the time, since the condition typically requires evidence of multiple fractures. Another radiologist, along with his employer, argued that his interpretation of the CT scan complied with accepted medical standards and did not proximately cause the plaintiff’s subsequent injuries. The trial court denied both motions, finding that factual disputes prevented judgment in favor of the defendants. The defendants appealed the decision.
Factual Disputes in Delayed Diagnoses Cases
On appeal, the court began by outlining the legal standard for summary judgment in medical malpractice cases. Specifically, it noted that a defendant physician must demonstrate, through admissible evidence, either that no departure from accepted medical practice occurred or that any departure did not proximately cause the plaintiff’s injuries. Once this prima facie showing is made, the burden shifts to the plaintiff to present expert testimony raising a triable issue of fact.
Regarding the radiologist who interpreted the CT scan, the court acknowledged that he established a prima facie case by showing that his reading of the study was consistent with accepted practice and did not proximately cause the injuries. However, the plaintiffs’ expert submitted an affidavit raising questions as to whether the radiologist departed from accepted standards by failing to identify rib fractures, and whether this failure contributed to the infant plaintiff’s additional fractures. Because the plaintiff’s expert evidence directly conflicted with the defense’s position, the court held that summary judgment was not appropriate.
With respect to the radiologist who reviewed the X-ray, the court recognized that he presented expert evidence that identifying the fracture alone would not have led to an OI diagnosis, since OI is confirmed only by multiple fractures. Yet the plaintiffs’ expert countered that the defendant’s failure to recognize and report the fracture caused the injury to progress from a simple fracture to a more complex one, thereby worsening the plaintiff’s condition and pain. The court found this conflicting testimony sufficient to create a triable issue of fact and affirmed the denial of summary judgment.
Meet with a Seasoned Rochester Medical Malpractice Attorney
When fractures, injuries, or conditions are overlooked by physicians, patients may suffer significant consequences from delayed diagnoses and unnecessary complications. If you or a loved one experienced harm due to a missed or delayed diagnosis, the experienced Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help determine whether you may have a valid claim. Contact us at 833-200-2000 or reach out online to schedule a free and confidential consultation.
