Starnes Davis Florie


Starnes Davis Florie Attorney Wright Obtains Defense Verdict on Behalf of Radiologist

April 18, 2012

Mike Wright obtained a defense verdict on behalf of a radiologist, whom the plaintiff alleged had committed malpractice by failing to diagnose an acoustic neuroma that was present on a CT scan that he interpreted as negative. Two years later, plaintiff was diagnosed with the tumor by MRI. He underwent surgical excision, which produced hearing loss and seventh nerve (facial nerve) palsy. Plaintiff presented expert testimony to establish that growth of the tumor during the two year delay caused the seventh nerve deficit, which resulted in permanent injury and disfigurement. The defendant demonstrated that, although in retrospect the tumor was present on CT, it was not an obvious finding, and further, that it did not markedly change during the two year delay. The defendant proved by expert testimony that the plaintiff’s injuries would have been the same even if the tumor had been diagnosed two years earlier. The jury returned a defense verdict.

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