Failure to Diagnose Spine Fracture: $1.5 Million Settlement
2024 Medical Malpractice Case Report
By Attorney Willliam J. Thompson
Barnstable Superior Court, Massachusetts
Paralysis and death result from failure to diagnose cervical spine fracture in 99-year-old man
The plaintiff’s decedent, age 93, suffered a syncopal event, causing him to fall backwards and hit his head. EMS fitted him with a C-collar, and transported him to a local hospital.
A CT scan of his head and cervical spine was interpreted by the radiologist as showing no acute intracranial abnormality and no acute cervical spine fracture. The patient was informed of the results of his workup and felt reassured. His C-collar was then removed, and he was admitted for observation for his syncopal event.
Three days later, the patient was noted to be complaining that his arms were weaker and he could barely move his legs. On physical exam he had 4/5 strength in his right and left arms, 1/5 strength in his left and right legs, and decreased grip bilaterally. He underwent a neurology consultation which was concerning for an acute spinal cord injury.
An MRI of his cervical spine revealed a C6 and C7 compression fracture, and probable hematoma from the fracture, contributing to severe central canal stenosis at C6-7.
He was transferred to a Boston hospital. Two days later, he underwent a cervicothoracic decompression and fusion. There were no complications.
He underwent physical therapy and occupational therapy consultations. It was noted that at baseline he was independent with activities of daily life and functional mobility. It was recommended he be discharged to an intensive multidisciplinary rehab facility with a focus on spinal cord injuries to maximize his independence and safety with mobility.
On 5/24/23, the plaintiff died from a staph infection.
The plaintiff claimed the radiologist was negligent when he failed to report the presence of the C6 and C7 spinous process fracture. As a consequence, the patient suffered a delay in diagnosis and treatment, his cervical collar was removed, directly resulting in permanent neurological dysfunction in his arms, hands, and legs. The plaintiff further claimed his immobility led to the infection which caused his death. The defendant contested both the misread of the CT scan and that the death was in any way related to the alleged negligence.
The case settled prior to suit for $1,500,000.
Lubin & Meyer attorneys Andrew C. Meyer and William J. Thompson represented the plaintiff in this medical malpractice lawsuit.
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