A recently filed Maine medical malpractice lawsuit against a radiologist, the radiology practice that employs him, and a local hospital reportedly alleges that plaintiff Jeffrey Robinson went to the emergency department at Central Maine Medical Center in Lewiston, Maine in March 2023, with complaints of both back pain and stomach pain as well as decreased urination. Urinary catheterization was one in the ED. The ED doctor ordered a CT scan that allegedly showed signs of a spinal epidural abscess and an incidental finding of an area suspicious for possible gastro-esophageal cancer that was not told to the plaintiff before he was discharged the same day. The following day, the spinal epidural abscess was diagnosed that was allegedly causing spinal cord deformity and significant narrowing of the spinal canal.
The Maine medical malpractice lawsuit filed by Jeffrey Robinson and his wife contend that it was negligent to discharge him to home without proper diagnosis and treatment, and that the standard of care required that an MRI be performed to rule out spinal epidural abscess. The medical malpractice plaintiffs contend that Jeffery Robinson sustained a permanent spinal injury, lower extremity weakness, motor dysfunction, pain, numbness, and sexual dysfunction as a result of the missed diagnosis and the failure to timely treat his condition.
The plaintiffs’ medical malpractice attorney stated, “A prudent ER doctor would not have sent him home. Even as they were discharging him, it was already becoming more difficult for him to walk, which is a neurologic sign of when there’s a problem with the signal for your spinal cord.”
The plaintiffs also contend in their Maine medical malpractice lawsuit that the failure to follow up on the incidental finding involving the esophagus led to a delay of fourteen months in diagnosing Jeffery Robinson’s gastro-esophageal cancer. Their expert’s opinion reportedly states that the delay in diagnosis led to the cancer progressing to stage 3, resulting in a lower life expectancy, and also resulting in loss of earnings and the plaintiffs incurring extraordinary medical expenses and life care expenses.
The defense reportedly argues in response that the “injuries and damages allegedly sustained were caused by a medical condition or emergency that could not be prevented.”
Radiologist Medical Malpractice Claims Statistics
52% of radiologists over the age of 55 years have been named in a medical malpractice case; radiologists have close to average risk but higher than primary care disciplines. The majority of medical malpractice claims against radiologists are resolved in favor of the radiologists: 63% are abandoned or dismissed, 28% result in settlement agreements, and 5% proceed to trial. Of those that proceed to trial, 89% are in favor the defendant radiologist. There has been a significant decline in malpractice litigation against radiologists, with a 55% drop in claims from 1992 to 2014. However, the average indemnity payment and the proportion of awards exceeding $1 million are steadily increasing, and there has been a rise in verdicts in excess of $10 million.
If you or a loved one may have been injured as a result of medical negligence in Maine, you should promptly find a Maine medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you or your loved one in a Maine medical malpractice case, if appropriate.
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