Former pro baseball player sues University of Miami over alleged radiology flub

A former Major League Baseball player is suing the University of Miami, claiming a mistake in his radiology care led to the premature end of his career. 

Retired Miami Marlins outfielder Avisail Garcia, 35, signed a four-year, $53 million deal with the team in 2022, with expectations to be a key piece of the franchise’s plans. However, the Marlins released him partly due to injuries in 2024, before the contract played out. 

Garcia is now suing UM’s Miller School of Medicine over care he received at the institution in 2023, NBC South Florida reports. The lawsuit stems from game action three years ago, when Garcia got a hit, rounded the bases and “felt something in my back.” 

Garcia and his attorneys contend that doctors with UM failed to identify the extent of his injuries at the time. This despite an MRI scan allegedly revealing a stress fracture in his lower back, and recommendations for a follow-up CT for further evaluation. 

Attorney Jorge Silva contends this imaging never occurred, with UM doctors allegedly instead treating the player for muscle or disc pain. 

“The radiology report making the proper diagnosis with the proper recommendation fell through the cracks,” Silva told the TV station. 

Instead of proper treatment, Garcia allegedly was instructed to do rigorous physical therapy and training, which he said worsened his symptoms. He claims he did not receive proper treatment until after the Marlins released him, with a physician later performing “extensive” back surgery. 

NBC6 also reached out to the university for comment, but it had not responded as of Thursday. Read more from the TV station: 

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Radiology Business Marty Stempniak

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. 

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