 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Adams v. Van Wert County Hospital6/20/2005
JUDGMENT: Judgment affirmed.
{ } The plaintiffs-appellants, Thressa Adams, Tim Adams, Brandon Adams, and Andrew Adams, appeal the judgment of the Van Wert County Court of Common Pleas granting summary judgment in favor of the defendants-appellees, Jeffrey A. Easley, M.D. and Family Medical Associates, Inc. (hereinafter "FMA").
{ } On June 5, 2000, Thressa had an appointment with her family physician, Dr. Easley, a physician practicing with FMA, to have a hard nodule in her left breast examined. Dr. Easley noted that Thressa experienced considerable tenderness when her left nipple was palpated and recommended that Thressa undergo a mammogram and an ultrasound at Van Wert County Hospital. Thressa complied.
{ } Seetaram Ravipati, M.D., a radiologist working for West Ohio XRay and who often worked with Dr. Easley, read the results of Thressa's mammogram and ultrasound and concluded that Thressa had a discernable mass in the upper left outer quadrant of her left breast. There were no abnormalities around the left nipple. The results were forwarded to Dr. Easley.
{ } On July 14, 2000, Thressa again returned to Dr. Easley's office. According to Thressa, Dr. Easley treated a recurring inguinal abscess and also discussed the results of the mammogram and ultrasound. Thressa stated that Dr. Easley assured her that "he was 99.9% certain that it was nothing to worry about." On the other hand, Dr. Easley maintains that there was no discussion about Thressa's breast or any of the test results.
{ } On September 14, 2001 Thressa visited Dr. Easley complaining about additional pain in her left breast. Again, Dr. Easley ordered Thressa to have a mammogram, and she complied. This mammogram was completed by Dr. Jelinger, a partner of Dr. Ravipati. Dr. Jelinger subsequently diagnosed Thressa with a category 4 suspicious abnormality in her breast, and Thressa underwent a biopsy. The biopsy revealed that Thressa had breast cancer.
{ } On November 6, 2001, Thressa met with Dr. Easley to discuss referrals for her cancer treatment. At this consultation, Thressa asked whether she always had cancer and "who let the ball drop." Thressa stated she was very upset at this appointment and was concerned whether she would be able to trust anyone again. Nevertheless, Dr. Eaton referred Thressa to Dr. Mantravadi at Radiation Oncology Associates in Fort Wayne, Indiana and other specialists at the Indiana University Medical Center.
{ } Soon thereafter, Thressa met with Dr. Mantravadi and a mastectomy was performed. Dr. Mantravadi sent a total of thirteen letters to Dr. Eaton to update him on Thressa's status during her cancer treatment, but Dr. Easley never responded to them. In the final letter, Dr. Mantravadi thanked Dr. Easley "for allowing [his medical team] to participate in the management of Mrs. Adams." Dr. Easley acknowledged that Dr. Mantravadi's letters were sent to him in his capacity as Thressa's primary care physician and included the correspondences in Thressa's medical chart.
{ } After the November 6, 2001 cancer referral meeting, Dr. Easley did not talk to Thressa until May 3, 2003. Between November 2001 and May 2003, however, Thressa did meet other doctors at FMA for treatment of medical conditions unrelated to the cancer treatment. At all those visits, Dr. Easley was listed as her primary care physician. Eventually, Dr. Easley treated Thressa on May 3, 2003 for a problem associated with a leg cast due to a broken fibula. At that visit, Thressa and Dr. Easley did not discuss anything about her breast cancer treatment or prognosis.
{ } On September 2, 2003 Thressa, Tim, Brandon, and Andrew filed suit against D
Page 1 2 3 4 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|