Radiologist dodges $2M malpractice verdict that jury pins on negligent surgeon
A Hamilton County, Ohio, jury recently awarded the family of a deceased patient over $2 million in a medical malpractice case against a radiologist and surgeon.
Jurors pinned the payout on Robert Bradley, MD, while absolving colleague and diagnostic specialist Sean A. Litherland, MD. The case pertains to the 2019 treatment of then-73-year-old Judy Helen Collins, who experienced severe complications after hiatal hernia surgery performed by Bradley in September of that year.
Plaintiff attorneys charged that Bradley failed to both obtain a CT scan as recommended by Litherland and recognize the key signs of re-herniation. This led to deadly delays in Collins’ treatment, with the Ohio woman passing away 68 days after the initial surgery on Nov. 28, 2019.
Jurors deliberated for three days before reaching the verdict on Oct. 24.
"This was a very difficult case, as the physician argued that the tests were completed properly and that the complication was identified in a timely manner, with the appropriate surgery performed," plaintiff attorney John O'Neil, a partner with Mayfield Heights, Ohio-based Elk + Elk, said in a statement. “We are incredibly appreciative of the judge and court personnel for their professionalism and of the jury for their time and attention to this matter,” he added later.
Following a two-week trial, the jury found Bradley liable for medical malpractice and wrongful death claims. They contend that the doc failed to properly diagnose and treat complications after Collins’ hernia repair. TriHealth and its surgical institutes also were named as co-defendants and will share in paying the malpractice judgment.
Elk + Elk hired surgery and radiology experts to help present the “complicated” case. The payout includes over $363,000 for medical bills, $500,000 for pain and suffering, $500,000 for loss of consortium, and $700,000 for wrongful death. Collins is survived by her husband (who filed the lawsuit), four children and 11 grandchildren.
A judge previously dismissed claims against Bethesda North Hospital in Montgomery, Ohio, where the care occurred. Along with absolving radiologist Litherland, the eight-member jury did the same for TriState IMG (Imaging Medical Group), where he worked at the time. TriHealth and attorneys representing the radiologist, surgeon and patient’s family did not immediately respond to Radiology Business requests for comment.
You can find the final judgment from the case here and original complaint here.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.