Radiology Malpractice - Wrongful Death

Injuries 
Undetected Cervical Fracture Leading to Quadriplegia and Death
Tried Before
Judge or Jury
Settlement
Recovery
$1.8 million
Plaintiffs’
Counsel
Marc L. Breakstone, Esq.
Boston
Mediator
Brian Mone, Commonwealth Mediation and Conciliation, Inc.

On September 26, 2011, plaintiff’s decedent was an 84-year-old man who fell down the stairs at his home in the middle of the night.  He was taken to a local emergency department by ambulance in full c-spine precautions.  

On arrival at the emergency department, he was disoriented and complained of pain in his head, neck and shoulder.  A CT scan of the cervical spine was read by a NightWatch tele-radiologist and reported as negative for fractures and dislocations.  Two hours later, the same study was read and reported by an attending radiologist as negative.  

Following the negative CT scan report, the cervical collar was removed by the physician in the emergency department.

The next day, the plaintiff’s decedent was found with significant neurological deficits in his lower extremities.  A follow-up cervical CT scan was performed which demonstrated a Grade IV fracture dislocation of his cervical spine with severe central canal narrowing.  Shortly thereafter, the plaintiff’s decedent developed quadriplegia from which he died four days later.

Client Reviews
David really cared about me as an individual…and he really cared about seeking the justice that needed to be sought in the case.
★★★★★
Ron got the insurance company to settle for the maximum on the policy. And so as a result of that, my son went back to school. Jeff
★★★★★
Marc just guided us through the whole process. He told us exactly what would happen and how we needed to go about doing everything. Jesenia
★★★★★
I would recommend David…The outcome of my case, I was very pleased with it. I hope I don't have another accident, but if I do we'll be back to see David. Paul
★★★★★
Ron was excellent. He was on top of everything. He answered every question. John
★★★★★
Marc was extremely professional. I felt very confident that he knew exactly what he was doing. This is his area of practice and I had total confidence in him and I actually have recommended him to other people who have been in accidents. Josh
★★★★★