April 6, 2013

162017_132140396847214_292624_nAfter almost three weeks of trial and on the second day of jury deliberations, a New York medical malpractice jury returned a verdict in the amount of nearly $2.1 million against a radiologist and in favor of a 56-year-old man whose lesion found on a CT scan of his spine in February 2008 was not properly communicated to the man’s oncologist, thereby causing a two-week delay in treatment that resulted in severe compression of the man’s spinal cord and permanent loss of sensation in both of his legs.

The New York medical malpractice jury found that the radiology group was responsible for the man’s injuries and awarded him $600,000 for past pain and suffering, $900,000 for his future pain and suffering, $120,000 for his past lost wages, $450,000 for his anticipated future lost wages, and $5,000 for his out-of-pocket medical expenses that had not been paid by his health insurance.

At the time of the medical negligence, the man had been employed as a custom cabinet maker by a business in Highland, New York. Because he can no longer stand or walk for any length of time, and he is not able to operate machinery or lift heavy objects, he is disabled from working at his former job.

After the New York medical malpractice jury rendered its verdict in favor of the malpractice victim, the plaintiff’s malpractice attorney stated, ““Essentially the jury found that as a result of the radiology group’s malpractice, [the plaintiff] will have to live the remainder of his life with a severe disability that has left him permanently disabled and in constant pain.”


As this New York medical malpractice case exemplifies, the failure of health care providers to timely and appropriately report the accurate results of medical tests to the treating medical providers can result in unnecessary, permanent, and devastating injuries to victims of the medical negligence. Patients typically have no control or ability to make sure that the results of their medical tests are properly communicated to their doctors and other health care providers who need such information in a timely fashion in order to make sure that patients receive the care and treatment they need, when they need it.

Failures in communications between medical providers who order medical tests for their patients and the medical providers who perform the medical tests should not occur if proper procedures and protocols are in place and are always followed. There has to be a fool-proof method of making sure that test results are timely in the possession of those who need the results in order to timely and appropriately meet the patients’ needs for treatment.

Nonetheless, if you or a family member suffered injuries or other harms because medical test results were not communicated in a timely and proper manner, you should promptly seek the advice of a local medical malpractice attorney who may investigate whether you have a valid claim for medical negligence and represent you in a medical malpractice case, if appropriate.

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