Unanimous Defense Verdict for Orthopedic Surgeon

On Thursday, October 17, 2024, Jack Shusted and Evan Baker obtained a unanimous defense verdict on behalf of their client, an Orthopedic Surgeon, after an eight-day trial in the Delaware County Court of Common Pleas in Media, Pennsylvania.

At trial, Plaintiff claimed that the Orthopedic Surgeon failed to identify and report an abnormality in the upper lung when interpreting radiological imaging of the shoulder, which Plaintiff further claimed caused a delay in the diagnosis of a form of lung cancer called a Pancoast Tumor.

The defense showed that the Orthopedic Surgeon complied with the appropriate standard of care at all times while treating this patient. Specifically, the defense demonstrated that an Orthopedic Surgeon, who specializes in musculoskeletal issues, is not expected to identify a subtle, non-musculoskeletal finding in the lung while interpreting imaging of the shoulder. The defense presented evidence showing that even board-certified radiologists were unable to identify the subtle lung finding in the radiological imaging. The defense maintained that it is within the standard of care for an Orthopedic Surgeon to rely on a radiologist’s interpretation of the radiological imaging for any non-musculoskeletal abnormalities, as that falls within the expertise of a radiologist.  At trial, it was demonstrated that the Orthopedic Surgeon properly interpreted the shoulder imaging and appropriately treated the patient’s musculoskeletal problems. Therefore, the Orthopedic Surgeon’s treatment was within the standard of care at all times while treating this patient.