Jury To Decide if Fax of Ominous Cat Scan Report Finding Colon Cancer Was Sufficient

In a recent decision by Manhattan Supreme Court Justice Helen Madden, the defense in a delayed diagnosis of colon cancer filed a motion for summary judgment arguing that a radiologist should not be held responsible for failing to communicate the results of a Cat scan. The Court held that a jury should decide the issue. As part of a work up for kidney stones, a Cat scan found a "soft tissue mass suspicious for a colonic neoplasm" and recommended a colonoscopy. Unfortunately, these comments landed on page two of the report since the first page reported on the kidneys.

The radiologist explained that he called the referring physician and could only leave him a message. The radiologist insisted that he then faxed the two page report, but the referring physician said that he only read the first page of the report on his iPad and didn't know there was additional important information on a second page. As a result there was a 19 month delay in diagnosis of the patient's colon cancer. The radiologist's expert claimed that he had met the standard of care and the plaintiff's expert countered that when conveying ominous news of cancer, the radiologist must speak to the referring physician or his/her staff to confirm receipt of the info. Kliyan v Kaminetsky, 2018 NYSUM 119037

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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