Josepher & Batteese, P.A. Obtain Defense Verdict
Tyler Batteese and Brian Agliano secured a defense verdict for a radiologist in a medical malpractice case in Marion County. This was a wrongful death case brought by the husband of a 65-year-old woman who was referred by her primary for a CT of the chest with a history of a cough and smoking. The defendant radiologist correctly identified a lung nodule highly suspicious for cancer and recommended follow up studies. The primary care physician claimed to have never seen the report that had been faxed to his office. Plaintiff claimed that this was a fatal miscommunication resulting in a 15-month delay in diagnosis and treatment of the cancer that resulted in the patient’s death. At trial, the defense established that the radiologist reasonably communicated the findings to the primary care physician via fax and that no verbal communication was required under the circumstances. After a contentious week long trial, the jury agreed and returned a defense verdict in 40 minutes.