Radiologist could assume staff would communicate findings

June 14, 2008

The patient, a 69-year-old male with a history of congestive heart failure and diabetes, presented to his primary care physician on Dec. 19, 1998 complaining of cold-like symptoms.

The physician ordered a chest X-ray to determine if the patient suffered from pneumonia. The radiologist performed a wet read with a finding of mild congestive heart failure.

The radiologist assumed that the department secretary or technician would properly fax or call the referring physician to advise him of the findings. However, the referring doctor wasn’t informed of the findings.

The patient was found dead at his home on Dec. 23. According to the patient’s son, it appeared that his father had been dead for at least four days, as the last entry in his blood pressure log was on the morning of Dec. 19.

The son alleged that the radiologist knew that the congestive heart failure put his father at serious risk of death, but negligently failed to timely call, fax or in any other way notify the referring doctor.

The son contended that the radiologist deviated from the standard of care and that his negligence was a proximate cause of his father’s death.

The referring physician testified at deposition that even if had he received the wet read findings, he would not have changed his treatment of the patient. At trial, the referring physician testified that he would have arranged to confer with the radiologist.

The defense asserted that the X-ray showed only mild congestive heart failure, a baseline for the patient, with no treatment necessary. The patient was already on 80 mg of Lasix twice a day. The most recent office visit revealed no evidence of fluid overload.

A cardiologist who testified on behalf of the defendant opined that the patient’s death was the result of an arrhythmia or heart attack and that the finding of congestive heart failure on the death certificate was only an associated finding.

The jury found in favor of the radiologist with no credible evidence of any violation of the standard of care in providing a wet read and relying on staff members of the hospital to properly communicate the findings to the referring physician.

Type of action: Medical malpractice

Injuries alleged: Delayed communication of radiological finding leading to death

Date of verdict: Dec. 13, 2007

Submitted by: Peter C. Knight, Morrison Mahoney, Boston (for the defendant)