Mary Kay Scott Obtains Not Guilty Verdict for Defendant Radiologist
Mary Kay Scott obtained a recent not guilty verdict in a medical negligence case involving a board certified radiologist and the corporation that employed the defendant physician. Plaintiff 52 year old female with a previous history of left sided breast cancer appeared for her routine mammogram. The mammogram revealed milk of calcium, which was indicated to most likely be benign. The patient was seen by her surgeon, who recommended needle localization and biopsy of the milk of calcium finding. On the date of the needle localization, the patient indicated concern with proceeding, and the co-defendant mammographer involved the client in a curbside consultation both radiologists agreed the finding was likely milk of calcium, a benign finding and recommended four month follow-up with mammogram. After discussion with the surgeon, that course of follow-up was agreed upon by the patient. The patient came back at four months, and the milk of calcium had regressed, a positive finding. The patient was recommended to return in eight months, and failed to appear. Upon coming back in 14 months, the patient was found to have a 1.2 cm. mass with 18 positive lymph nodes, and subsequently after diagnosis and treatment died from metastasis of the disease. Plaintiff asked for $2,000,000. Defendant denied liability and denied proximate causation. The jury deliberated for approximately 2 hours.