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Meliski & Martin Obtain Dismissal During Trial

Posted November 27, 2012 in News

After two days of a weeklong trial, Mark Meliski and Rolfe Martin obtained a dismissal with prejudice for their clients, a neuroradiologist and his practice, in Cobb County State Court in front of Judge Carl Bowers. 

The case, originally filed in 2008, involved allegations that the defendant physician misread an MRI with contrast on a patient who had suffered an injury to his thoracic spine.  The patient was a gentleman who had suffered a fracture of the thoracic spine after a lawnmower had rolled on top of him.  After being assessed by an orthopedic surgeon, who was also a defendant in the case, it was determined to place the patient in a brace to stabilize his spine.  Despite this care, the patient developed a spinal cord injury and lower extremity paralysis.  The defense contended that the MRI in question was done specifically to rule out infection of the spinal cord and was not performed to assess stability.  The defense also contended that the orthopedic surgeon did not rely on the neuroradiologist’s interpretation of the MRI, but instead read the film himself.  The plaintiffs contended that the MRI interpretation mislead the orthopedic surgeon and caused him to fail to perform surgery on the patient.

Following the cross-examination of the plaintiffs’ expert orthopedic surgeon and the treating orthopedic surgeon, the plaintiffs dismissed the case against the neuroradiologist and proceeded only against the orthopedic surgeon.  At the conclusion of trial, the co-defendant orthopedic surgeon received a defense verdict from the jury.