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Verdicts
Specialist Must Warn of Disease Risk Unrelated to Treatment
A New York court declined to dismiss a suit against a cardiologist, finding that even though the doctor was treating her patient for a completely separate disease, if she read a radiologist's report strongly suggesting the patient should be tested later for lung cancer but she did not recommend such testing to the patient, she may have been negligent. Mikus v. Rosell, '- N.Y.S.2d ”, 2008 WL 239512 (1/16/08).
The defendant cardiologist was treating the plaintiff's decedent for cardiopulmonary problems. After a defibrillator was implanted into the decedent, but before he left the hospital, an x-ray was taken of his chest. The radiology report said the defibrillator was properly placed but it also stated, in capital letters, that the x-ray showed the possible presence of a calcification in the area of the lung that should be checked in three months. The report was written up and placed in the patient's medical file several days following his hospital discharge.
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