Morrison Mahoney Partner Peter Knight and Associate Stephen Orlando recently prevailed at a one-week trial in Middlesex County. The claim involved the death of a 72-year-old woman. Peter and Stephen represented a radiologist, alleged to have been negligent in interpreting CT scan of the woman, resulting in a four-year delayed diagnosis of lung cancer. The plaintiff alleged that our client should have recommended follow-up CT scans or referral to a pulmonologist, which would have resulted in earlier detection of the cancer.
Dr. Peter Gordon (radiology), the defense expert, testified that our client met the standard of care in his interpretation of the CT scan, which showed no signs concerning for cancer. On cross-examination, Dr. Gordon acknowledged that in 98% of his cases, he testified on behalf of physicians. Plaintiff’s expert, a radiologist and professor at Tufts University School of Medicine, informed the jury that he only testifies on behalf of patients in one of every fifteen medical malpractice cases, and only does so when he believes there has been an “egregious error” by a physician.
The jury deliberated for approximately two hours before returning a defense verdict, finding no negligence and no causation.