FKB’S TRACY S. KATZ OBTAINS SUMMARY JUDGMENT IN A CASE ALLEGING MISDIAGNOSIS OF A SHOULDER CONDITION AS A SPINAL CONDITION, LEADING TO THE PERFORMANCE OF AN UNNECESSARY SPINAL SURGERY

03/20/2019

Tracy Katz obtained summary judgment on behalf of an endocrinologist, radiologist and radiology facility in a case alleging misdiagnosis of a shoulder condition as a spinal condition, leading to the performance of an unnecessary spinal surgery. In this case, FKB aggressively moved for summary judgment prior to any depositions being conducted and thereby proactively got the case dismissed at the outset of the litigation.  The allegations involved claims that the defendant doctors misdiagnosed the patient with a spinal condition and failed to properly diagnose her shoulder injury.   The plaintiff claimed that as a result of this misdiagnosis, she underwent unnecessary spinal surgery, resulting in pain and suffering and inability to move her neck.

FKB obtained physician affirmations from experts in radiology and internal medicine who opined that all of the care and treatment by our clients was within the standard of care and not the proximate cause of any of the plaintiff’s injuries. 

FKB’s radiology expert opined that plaintiff’s allegation that the radiologist and radiology facility improperly performed a cervical spine CT scan instead of a shoulder study was based on a misguided understanding of a radiologist’s role in the context of providing medical care and treatment.   The expert opined that a radiologist is a consultant whose role is to perform and interpret the radiology studies ordered by a referring physician.  Furthermore, a radiologist is entitled to defer to the referring physician regarding the need for a particular radiology study.  Further, the expert opined that all of the radiology studies were properly performed and interpreted.

If you have any questions, please contact Tracy Katz.

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