Errors by radiologists can occur for a number of reasons, from misreading X-rays to poor communication with physicians, and they can result in very serious health complications that can even be life-threatening. In the case of one New York man, an error by a radiologist proved to be life-altering and a jury awarded him $2.1 million as a result.
In a trial that lasted three weeks, a jury found that Mark Boyer proved that after he received a CT scan in 2008, there was a miscommunication between the radiologist at Radiologic Associates and Boyer’s oncologist. Specifically, the CT scan revealed a destructive lesion on Boyer’s spine; however, that discovery wasn’t properly conveyed and Boyer was left untreated for two weeks, resulting in severe compression of his spinal cord.
Because of that miscommunication and the resulting damage, the 56-year old can no longer walk or stand due to the loss of sensation in both of his legs. Once an actively—and gainfully—employed cabinet maker, Boyer now has no way of supporting himself, which led to the $2.1 million award, according to Digital Journal. “Essentially the jury found that as a result of the radiology group’s malpractice, Mark will have to live the remainder of his life with a severe disability that has left him permanently disabled and in constant pain” said [Boyer’s attorney Daniel] Santola.
Daniel Santola also reported that jury apportioned the $2.1 million award as follows: “$600,000 for past pain and suffering; $900,000 for future pain and suffering; $120,000 for past lost wages; $450,000 for future lost wages; and $5,000 for the out of pocket medical expenses that had not been paid for by his health insurance carrier.”
Three additional defendants were originally named in Boyer’s lawsuit, but the jury dismissed those claims, leaving Radiologic Associates as the only defendant found liable.
Frequently Asked Questions
If you suffered medical malpractice injuries at the hands of a military doctor or at a VA facility, you may sue the responsible party—with one notable exception. Active duty servicemembers cannot file a lawsuit against the military due to the Feres Doctrine. To find out if you qualify to sue the military for medical malpractice,
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