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Drinkard-Nuckols v. Andrews1/14/2005
In this medical malpractice action, the plaintiff objected to the introduction of evidence concerning what the defendant doctors expected from other physicians with regard to the handling and communication of the interpretation of an x-ray, thereby suggesting that physicians other than the defendants were negligent. Because the plaintiff presented testimony on the same subject in her case-in-chief, her objection is waived and the circuit court's admission of such evidence cannot be grounds for reversal. Thus, we will affirm the judgment of the circuit court.
Bermuda H. Drinkard was seen in the emergency room at the Lynchburg General Hospital on March 7, 2000, complaining of left shoulder, wrist, and arm pain as a result of a fall that she had sustained. Dr. Patrick Wynnyk initially treated Drinkard in the emergency room and diagnosed a left wrist fracture based on the results of x-rays of her left arm and wrist. Consequently, Dr. Wynnyk contacted the orthopedic surgeon on call, Dr. William C. Andrews, Jr., about treating Drinkard's fracture. Dr. Andrews subsequently arrived at the emergency room, at which time Dr. Wynnyk turned Drinkard's care over to Dr. Andrews. Dr. Wynnyk did not see Drinkard again. Upon evaluating Drinkard, Dr. Andrews discharged her from the emergency room to return home but scheduled her for out-patient wrist surgery the following day.
At some point during Drinkard's treatment in the emergency room, an x-ray of her chest was taken. Dr. Kiah T. Ford, III, a radiologist, interpreted the x-ray and found a four-centimeter mass in Drinkard's left lung. Dr. Ford opined that the mass was a "significant" and "unexpected" finding, requiring further evaluation. However, he admitted that he did not personally contact Dr. Wynnyk or any other physician with regard to his interpretation of the chest x-ray. Nor did he communicate his findings to Drinkard. Instead, he sent a "wet read" and the x-ray films back to the emergency room, and dictated his report, which he believed was available to any physician at the hospital.
The next day, when Drinkard underwent out-patient surgery for her fractured wrist, Dr. Ford's written report concerning Drinkard's chest x-ray was in her chart. However, Dr. Andrews never looked through Drinkard's chart before the surgery even though a nurse had noted on the chart abnormal test results with regard to the chest. Nor did the anesthesiologist point out the abnormal chest x-ray to Dr. Andrews on the day of surgery. Thus, Dr. Andrews did not review or know about Dr. Ford's interpretation of the chest x-ray at that time or at any time during the ensuing three months when he saw Drinkard in his office on six occasions. Consequently, he never communicated to Drinkard the fact that she had a mass in her left lung.
On September 14, 2000, Drinkard saw her family doctor, who diagnosed her as "chronically ill" and ordered a chest x-ray and CT scan. Those tests revealed a large tumor that had grown since the March 2000 chest x-ray and was at that time "incurable cancer." This was the first time Drinkard learned that she had lung cancer. Drinkard subsequently died on October 10, 2000, due to the progression of the cancer.
Patricia A. Drinkard-Nuckols, as executor of Drinkard's estate, then filed this medical malpractice, wrongful death action against Dr. Andrews; Piedmont Orthopaedic Surgery, Inc. ("Piedmont Orthopaedic"), Dr. Andrew's employer; Dr. Ford; and Radiology Consultants of Lynchburg, Inc., Dr. Ford's employer (collectively, "the defendants"). Drinkard-Nuckols alleged that the defendants failed "to inform [Drinkard] that there was a mass in her chest that needed further exploration, . . . failed to inform [Dr
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