On June 15, 2018, an Indiana medical malpractice jury returned its verdict in favor of the plaintiffs in the amount of $15 million ($14 million for the patient and $1 million for her husband) against a radiology group for a radiologist’s negligent misreading of the wife’s CT scan that missed a tumor in her rectum, thereby substantially reducing her probability of surviving her recurrent rectal cancer.
The woman had the CT scan in November 2014 that was misread and it was not until May 2016 that her cancer was diagnosed, at which time it was at stage 4, which meant that her survival rate was just 10% over five years. She is presently undergoing chemotherapy for her cancer.
The plaintiffs’ Indiana medical malpractice Complaint alleged, in part: “On or about November 17, 2014, Courtney Webster underwent a CT scan at CDI and CDI Indiana’s imaging center at 11900 N. Pennsylvania St. in Carmel, Indiana. One of the primary purposes of this CT scan was to ascertain whether Courtney Webster had recurrent rectal cancer. An agent and/or employee of CDI and CDI Indiana, acting within the course and scope of his duties, read Courtney Webster’s CT scan. In reading Courtney Webster’s CT images, the agent/employee of CDI and CDI Indiana failed to identify and report a rectal tumor which was present on the images. CDI and CDI Indiana’s failure to identify and report Courtney Webster’s rectal tumor was negligent. Because of CDI and CDI Indiana’s negligence in failing to identify and report
Courtney Webster’s rectal tumor, the tumor went undetected and untreated until May of 2016.” Source
In the defendant’s Third Amended Answer And Additional Defenses, the defendant stated, in part: “Defendants admit that CDI Indiana, LLC, provided certain management services to an Indiana professional corporation that provided diagnostic imaging services at 11900 N. Pennsylvania Street, Carmel, Indiana … Defendants admit that Mrs. Webster underwent a CT scan at the diagnostic imaging location at 11900 N. Pennsylvania Street, Carmel, Indiana, on November 17, 2014.
Defendants deny that they operate the center.” Source
Because the defendant contended that it only provided management services to the diagnostic imaging center that misread the plaintiff’s CT scan, the defendant’s responbility for the verdict was not capped at $1.25 million under the Indiana Medical Malpractice Act because the defendant did not opt in to coverage under the Act.
The plaintiffs’ Indiana medical malpractice case was filed in October 2016 and is captioned Webster, et al. v. Center for Diagnostic Imaging, Inc., et al., 1:16-cv-02677, filed in the U.S. District Court for the Southern District of Indiana.
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