Loudin v. Radiology & Imaging Services, Inc.

924 N.E.2d 433, 185 Ohio App. 3d 438
CourtOhio Court of Appeals
DecidedDecember 31, 2009
DocketNo. 24783
StatusPublished
Cited by11 cases

This text of 924 N.E.2d 433 (Loudin v. Radiology & Imaging Services, Inc.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loudin v. Radiology & Imaging Services, Inc., 924 N.E.2d 433, 185 Ohio App. 3d 438 (Ohio Ct. App. 2009).

Opinion

Dickinson, Presiding Judge.

INTRODUCTION

{¶ 1} After Lonna Loudin found out that the lump she discovered in her breast had been visible on a mammogram that was taken 13 months before she was diagnosed with breast cancer, she sued the radiologist who had interpreted the mammogram, Richard Patterson, M.D., and his employer, Radiology and Imaging Services, Inc. Loudin alleged claims of negligent infliction of emotional distress, medical malpractice, respondeat superior, and negligent supervision. The trial court granted summary judgment to the defendants on Loudin’s claim of negligent infliction of emotional distress because it determined that Dr. Patterson’s alleged negligence was not the cause of Loudin’s cancer. It granted summary judgment to them on her medical-malpractice claim because it determined that there was no genuine issue of material fact remaining regarding proximate cause under either the loss-of-chance or strict-causation theories. Based on its decision regarding the medical-malpractice claim, the trial court also granted Radiology and Imaging Services summary judgment on the remaining two claims. This court reverses and remands because there is a genuine issue of material fact regarding each element of Loudin’s claims for medical malpractice and negligent infliction of emotional distress. As this court has reversed the decision of the trial court regarding the medical-malpractice claim, the trial court’s decision regarding the negligent-supervision and respondeat-superior claims must also be reversed. Loudin has also appealed the trial court’s exclusion of certain testimo[441]*441ny from her expert radiologist. This court affirms the trial court’s ruling on that issue.

FACTS

{¶ 2} Loudin has been concerned about the early detection and treatment of cancer, at least since she saw her husband die of lung cancer in the early 1980s. In order to protect herself against breast cancer, she conducted self breast examinations and submitted to annual screening mammograms at Reflections Breast Health Center, which is owned and operated by Radiology and Imaging Services.

{¶ 3} In April 2003, Loudin had a screening mammogram completed, which Dr. Patterson interpreted as normal. The following spring, when she felt a lump high in the outer part of her left breast, Loudin consulted her gynecologist, who referred her for a diagnostic mammogram. On May 21, 2004, Loudin submitted to another mammogram through Radiology and Imaging Services. This time, the technician used a small metal marker to highlight the area of her breast where she reported feeling a lump. According to the radiology report, the 2004 films revealed “a 1.5 cm mass with a spiculated margin in the left breast” that appeared “highly suggestive of malignancy.” Dr. Patterson admitted that in retrospect, the same mass appears on several earlier mammogram films, including those from 2003. Without conceding that he had violated the standard of care, Dr. Patterson agreed that Loudin had breast cancer in April 2003 when he interpreted her mammogram as normal.

{¶ 4} In early June 2004, Loudin underwent a biopsy and lumpectomy. In her affidavit, she said that her oncologist told her that he had removed a two-centimeter mass that was a well-differentiated, Stage I breast cancer, and she would not require radiation treatment. The subsequent pathology report of the tumor, however, indicated that the cancer was “[ijnvasive carcinoma extending to margin.”

{¶ 5} In early July, Loudin underwent additional surgery to check for signs that the cancer had spread to her lymph nodes. Following the surgery, tests revealed that the cancer had spread to two lymph nodes, which negatively affected her diagnosis. Doctors informed Loudin that rather than Stage I, her disease was actually Stage IIA, based on the involvement of lymph nodes. Loudin’s surgeon acknowledged that based on early findings, he initially believed her cancer was localized, but he testified by deposition that he does not engage in the staging of cancer. Loudin’s oncologist denied having told her anything about her diagnosis until after the final pathology report was complete.

[442]*442{¶ 6} Loudin first completed eight rounds of chemotherapy followed by radiation treatments five days a week for six weeks. After that, she began a hormonal drug therapy that is expected to last for five years. As of October 2005, when Loudin was deposed, she had not had any recurrence of cancer and no additional treatment was on the horizon, other than the continued hormonal drug therapy. There is no evidence in the record to indicate that Loudin’s status has changed since that time.

{¶ 7} Loudin’s expert radiologist, Jules Sumkin, D.O., explained in deposition that doctors generally advise women to have yearly mammograms after a certain age because screening has led to earlier detection of breast cancer, which has improved patient survival. He further explained that when interpreting mammograms, a doctor should compare the current films with past films to look for changes over time, especially asymmetric changes and masses with irregular or spiculated edges. Dr. Sumkin testified that Dr. Patterson deviated from the acceptable standard of care by failing to flag the mass in Loudin’s left breast while interpreting her April 2003 mammogram. According to him, the standard of care required the radiologist to note the mass, suggest the possibility of malignancy, and request additional radiographs for further evaluation.

{¶ 8} Dr. Sumkin testified that in retrospect, Loudin’s mass was visible as far back as the 1999 films. He further testified that it was not a deviation from the standard of care to fail to flag the mass before 2003, however, because it was “virtually invisible” on the earlier films. He also testified that although still “a challenging case” in 2003, by then, the finding was more pronounced and should have been caught. As he explained it, the 2003 films show a lighter area with “little radiating lines coming out of it.” He said that the asymmetric area “looks like a nodule or mass, [with] * * * an irregular margin.” This is “a potential problem” that required the doctor to compare the films with prior studies to assess the likelihood that the density might be malignant. He testified that the prior films, going back to 1999, indicate that a mass was present in the same area and was growing larger over time, eventually tripling in size between 1999 and 2004, when it was diagnosed. When asked whether the lesion he saw on the film was cancerous in April 2003, Dr. Sumkin answered that “it was a malignant appearing lesion and it was most likely cancer, which it turned out to be.” Dr. Patterson testified that when he interpreted the 2003 films, he compared them to Loudin’s 2002 and 1999 studies, but he did not notice anything suspicious.

{¶ 9} Dr. Patterson’s colleague who interpreted Loudin’s 2004 mammogram testified that the mass “was so clearly malignant” by that time that he did not need to order further tests. He said that there was so much spiculation, which he described as a starburst appearance to the mass, that he rated it a five on a scale of zero to five, with five being the most suspicious for malignancy.

[443]*443{¶ 10} Based on Dr. SumMn’s reading of the mammograms, Loudin’s expert oncologist, Ronald Citron, M.D., testified by deposition that Loudin’s cancer grew from one centimeter in April 2003 to two centimeters by the time it was removed in 2004.

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Bluebook (online)
924 N.E.2d 433, 185 Ohio App. 3d 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loudin-v-radiology-imaging-services-inc-ohioctapp-2009.