Radiology Malpractice Lawsuit Results in $3M Award

A Michigan woman was awarded nearly $3 million in a radiology malpractice lawsuit that was delayed several years on appeal over the use of an affidavit from an out-of-state doctor establishing that she had a legitimate case.

The plaintiff, Sue Apsey, was awarded $2.978 million by a Shiawassee County jury last month, in a medical malpractice lawsuit filed against Shiawassee Radiology Consultants, P.C., Dr. James H. Deering and Memorial Healthcare. However, the verdict will be reduced under the Michigan cap on damages.

Apsey alleged that radiologists missed, or failed to report, that she had a bowel leak during a January 2000 operation to remove a cyst from her ovaries. The radiology mistake was exacerbated when Apsey was prescribed barium to assist with imaging, and the barium leaked into her intestines, causing chemical peritonitis on top of the bacterial peritonitis from the undiagnosed bowel leak. Barium is a potentially toxic heavy metal used to aid in CT scan imaging. Apsey had to undergo a number of surgeries as a result of her infections, including skin grafts.

Originally filed in 2000, the lawsuit was delayed for several years as the case made its way through the Michigan appeals courts. Apsey argued on appeal that an affidavit from an out-of-state doctor was appropriate to certify her lawsuit met the burden under Michigan law. The state Supreme Court ultimately sided with Apsey and her case was remanded for trial.

The jury only found Shiawassee Radiology liable in the case, saying that the group was negligent due to its radiologists failing to diagnose the bowel leak in a timely manner. Neither Deering nor Memorial Healthcare were found to be responsible for the medical mistake.