Case details

Radiologist properly interpreted thoracic spine study: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
chest, fracture, rib
FACTS
On March 16, 2011, plaintiffs’ decedent Daniel Luna, a retired 77 year old, slipped and fell in the shower. He subsequently presented to the emergency room of Hemet Valley Medical Center with complaints of rib pain. Dr. Larry Thomas, an emergency room physician, ordered an X-ray, but instead of an X-ray of the chest, an X-ray of the thoracic spine was ordered. Dr. Alvin Hensel, a radiologist, interpreted the thoracic X-ray and found evidence of scoliosis without any fractures. As a result, Luna was sent home. Three days later, on March 19, 2011, Luna returned to the emergency room with complaints of rib pain. This time, an emergency room physician ordered an X-ray and CAT scan of the chest. Luna was diagnosed with nine fractures in five of his ribs. He was then transferred to a local trauma center, but died the next day, on March 20, 2011. The decedent’s wife (Elida Luna) and adult children (Victoria Luna, Kenneth Luna, Eva Gioeli and Cruz Luna) sued Thomas, Hemet Valley Medical Center, and Hemet Radiology Medical Group Inc. The decedent’s family later amended their complaint to include Hensel and Hemet Emergency Medical Group. The family alleged that Thomas failed to diagnose the decedent’s rib fractures and failed to order the correct radiographic study. They also alleged that the remaining defendants failed to timely diagnose the decedent’s rib fractures. The decedent’s family alleged that the defendant’s failures constituted medical malpractice and caused the decedent’s wrongful death. The matter ultimately went to trial against Hensel only, as the other defendants were either dismissed from the case or settled out before trial. Plaintiffs’ counsel contended that instead of an X-ray of the chest, which is appropriate to evaluate ribs, being ordered on March 16, 2011, Thomas ordered an X-ray that was intended to evaluate the spine, and not the ribs. However, counsel argued that even though Hensel was not evaluating a rib series, Hensel could have adjusted the windowing and leveling functions on the thoracic spine study in order to allow visualization of at least one rib. Plaintiffs’ counsel contended that if Hensel had adjusted these functions, Hensel could have detected at least one rib fracture three days earlier and prevented the subsequent pulmonary embolism that caused the decedent’s death. Hensel’s counsel contended that the purpose of a thoracic spine study is to evaluate the thoracic spine, and not the ribs. Thus, counsel argued that Hensel’s responsibility was to evaluate the thoracic spine study that was ordered by another doctor and that Hensel properly evaluated this study, but that the fractures were to the decedent’s ribs and not to the thoracic levels. Hensel’s counsel further argued that the decedent died from acute respiratory distress syndrome and that due to the decedent’s age and the severity of his , an earlier diagnosis would not have prevented the decedent’s death., Daniel Luna was ultimately diagnosed with nine fractures in five of his ribs and was transferred to a local trauma center. However, he died the next day, on March 20, 2011. He was 77 years old. The decedent is survived by his wife, Elida Luna, and his adult children, Victoria Luna, Kenneth Luna, Eva Gioeli and Cruz Luna. The decedent’s family claimed the decedent died from a pulmonary embolism as a result of the delay in diagnosing the decedent’s fractured ribs. Thus, they sought recovery of wrongful death damages. Hensel’s counsel argued that the decedent did not die from a pulmonary embolism, but, rather, from acute respiratory distress related to the decedent’s age and the severity of his .
COURT
Superior Court of Riverside County, Riverside, CA

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