Georgia malpractice type allegations

Georgia Radiology, Imaging, and Diagnostic-Test Follow-Up Allegations

Radiology, imaging, and diagnostic-test follow-up allegations often concern whether abnormal studies were ordered, read, communicated, or acted on before a condition worsened.

Overview

These examples collect public Georgia complaint allegations involving CT, MRI, ultrasound, x-ray, fluoroscopy, prenatal imaging, or other diagnostic-test follow-up. Some cases concern interpretation, some concern failure to order or act on studies, and some concern failure to communicate findings. Each example remains an allegation summary only.

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Related Georgia Opinions

Court of Appeals: a chiropractor's X-ray is judged by the physician standard, so a radiologist's 9-11-9.1 affidavit can survive dismissal. Reversing a dismissal, the Court of Appeals held that under OCGA § 43-9-16(g) a chiropractor who takes and reads an X-ray is held to the same standard of care as a physician — so a musculoskeletal radiologist's expert affidavit was sufficient to keep Christy Coll's malpractice complaint alive on the X-ray theory, even though he could not opine on chiropractic treatment itself. Georgia Court of Appeals affirms malpractice verdict over button-battery ingestion testimony. The Court of Appeals of Georgia affirmed a medical-malpractice verdict arising from a child's fatal button-battery ingestion, holding that a radiologist's timing opinion was admissible even though one part of the opinion involved uncertainty about the battery's charge level. Georgia Court of Appeals affirms gross-negligence verdict in emergency stroke case. The Court of Appeals of Georgia affirmed a verdict against an emergency physician, holding that expert testimony supported a finding of gross negligence where critical stroke and dissection information was not communicated to the on-call neurologist. Supreme Court of Georgia: the medical malpractice damages cap cannot touch a verdict that also includes pain-and-suffering damages a jury was entitled to award. Reaffirming Nestlehutt under stare decisis, the Supreme Court held that OCGA § 51-13-1's $350,000 noneconomic damages cap cannot be applied at all to a verdict that includes constitutionally protected noneconomic damages — here, the estate's pre-death pain and suffering. Because the statute lumps every claimant's noneconomic damages into one capped sum and offers no way to carve a verdict apart, the Court vacated an order that had cut a $29,250,000 wrongful death award to $350,000. It expressly reserved whether the cap could reach a stand-alone wrongful death award.