RFBN Prevails in another Medical Malpractice Defense Verdict

RFBN partner Scott Nelson successfully defended a pulmonary and critical care medicine specialist in a medical negligence trial alleging his failure to diagnose lung cancer. Plaintiffs alleged that five defendant physicians, including a family practitioner, three pulmonologists and a radiologist, were negligent in failing to properly interpret chest x-rays, to obtain a follow-up CT scan, to follow-up on an abnormal CT scan, and to order studies to rule out lung cancer, resulting in the patient’s death.  The physicians denied that their care was negligent and that any action or omission on their part caused the patient’s death.  The defense at trial established that the patient initially did not have any clinical or radiological evidence of lung cancer that warranted further follow-up, and later-recommended follow-up complied with the standard of care, but the patient did not return for the recommended studies.  The plaintiffs sought in excess of $4.7 million in damages, but the jury returned a verdict in favor of all of the defendants.