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April 2016

Pittsburgh Team Obtains Defense Verdict in Medical Malpractice Arbitration

Gordon & Rees Pittsburgh partner Jennifer M. Kirschler and associate Erica Kelly obtained a defense verdict for their client, a regional hospital, on April 6, 2016 after a one-day arbitration hearing.

 

In this case, Plaintiff alleged that her rib was dislocated during a mammogram that took place in October of 2012. Despite a negative X-ray and sonogram, Plaintiff’s primary care physician suggested a visit to a chiropractor. Plaintiff testified that her chiropractor told her that her rib was dislocated and that he treated her for this injury. The defense denied that the mammogram was negligently performed and argued that it did not cause any harm to Plaintiff. The defense cited the fact that Plaintiff saw her primary care physician several times after the mammogram and never mentioned her alleged rib pain to him until three months later, despite claiming that she had been in severe pain since the day of the mammogram. When she did complain of rib and shoulder pain to her doctor, the medical records indicated that he diagnosed her with rotator cuff tendonitis. The defense also argued that Plaintiff’s claims of negligence must fail, as Plaintiff’s expert failed to offer an opinion as to causation.  

 

The case was heard by a panel of three medical malpractice arbitrators. The panel returned a verdict in favor of the defense. 

Erica M. Kelly
Jennifer M. Kirschler



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