Peter H. Anderson and Gregory R. Brenner recently obtained a defense verdict on behalf of a radiologist after a five-day trial in Collin County, Texas. The Plaintiff was transported by ambulance to an emergency room following a traumatic car accident. CT images were ordered by the emergency department physicians and read by the Defendant Radiologist. After finding no evidence of internal injuries, the Plaintiff was discharged home that same day. The patient presented to another out-of-state hospital five days later after suffering a fall and was diagnosed with a splenic laceration. The spleen ruptured after two days in the hospital and was removed. The Plaintiff later brought suit against the radiologist for an alleged failure to diagnose a splenic injury. Mr. Anderson and Mr. Brenner, on behalf of the Defendant Radiologist, argued that there was absolutely no injury present on any of the CT images, but only normal enhancement which was not present on the delayed phase. This position was further supported by the Defendant; a retained board certified radiologist with 30+ years of experience; and a trauma surgeon with over 20 years of related experience. They also argued that the care and treatment provided by the radiologist amounted to “emergency medical care” which required a higher burden of proof under Texas law. The jury agreed and returned a defense verdict in less than one hour.
Attorneys: Peter H. Anderson; Gregory R. Brenner