Moser Marsalek, P. C. -
[Cached Version]
Published on: 6/14/2006
Last Visited: 6/15/2008
The ultrasound report prepared by defendant, Dr. John Crotty, indicated a clinical history given by the patient of hysterectomy (removal of uterus) and bilateral oopherectomy (removal of ovaries) and reported total surgical absence of the uterus and both ovaries.She had continued complaints of pain and multiple ER and doctor visits over the following two plus years and on January 1, 2002 presented to the ER at St. Anthony's Medical Center complaining of lower left pelvic pain.She was examined and underwent CT scan, blood tests and urinalysis.All testing was normal and no source for her pain was identified.She was sent to Jefferson Memorial Hospital the following day for an ultrasound and was to follow up with her Ob-Gyn, Dr. Chanduwadia.The ultrasound completed on January 2, 2002, also read by Dr. Crotty, was normal and revealed a left ovary.There was a clinical history given by the patient of hysterectomy and questionable right salpingo-oopherectomy (removal of fallopian tube and ovary).Dr. Crotty recommended correlation with the patient's operative records.
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Against Dr. Crotty, the radiologist who read the two ultrasound films, plaintiff alleged Dr. Crotty should have alerted the ordering physician to the discrepancy in the histories given by the patient and the findings related to the left ovary, and he should have recommended further evaluation by repeat ultrasound and/or transvaginal ultrasound.Plaintiff also claimed Dr. Crotty was an agent of Jefferson Memorial Hospital.Plaintiff claimed the negligence of both Dr. Chanduwadia and Dr. Crotty caused her to undergo unnecessary surgery.
Plaintiff's radiology expert, Dr. Orestes Sanchez, from Newark, New Jersey, whose deposition was read to the jury in lieu of live testimony set forth the criticisms of Dr. Crotty outlined above.
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The case against Jefferson Memorial Hospital was limited to an agency theory on behalf of Dr. Crotty.Plaintiff attempted to establish such by reading portions of the hospital's interrogatory answers, portions of the depositions of Dr. Crotty and Dr. Alfred Shaplin, (Dr. Crotty's partner at Scott Radiological Group) and portions of the by-laws of the hospital.Plaintiff attempted to establish such by reading portions of the hospital's interrogatory answers, portions of the depositions of Dr. Crotty and Dr. Alfred Shaplin, (Dr. Crotty's partner at Scott Radiological Group) and portions of the by-laws of the hospital.
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On behalf of Dr. Crotty, the defense argued through the live testimony of expert radiologist Dr. Gary Omell, also from St. Louis, that the report prepared by Dr. Crotty was complete, accurate and appropriate, and that Dr. Chanduwadia was aware of the conflict between the two ultrasounds without requiring indication from Dr. Crotty on the second report.
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On behalf of Dr. Crotty, the defense argued through the live testimony of expert radiologist Dr. Gary Omell, also from St. Louis, that the report prepared by Dr. Crotty was complete, accurate and appropriate, and that Dr. Chanduwadia was aware of the conflict between the two ultrasounds without requiring indication from Dr. Crotty on the second report.
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On behalf of Dr. Crotty, the defense argued through the live testimony of expert radiologist Dr. Gary Omell, also from St. Louis, that the report prepared by Dr. Crotty was complete, accurate and appropriate, and that Dr. Chanduwadia was aware of the conflict between the two ultrasounds without requiring indication from Dr. Crotty on the second report.
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The jury of eight men and four women deliberated for three and one half hours before returning a verdict in favor of defendants Dr. Chanduwadia, Dr. Crotty and Scott Radiological Group.
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J. Annette Davies and J. Todd Davies v. Dossu Chanduwadia, M.D., John Crotty, M.D., Scott Radiological Group and Jefferson Memorial Hospital
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Tracy L. Zuckett of Moser & Marsalek, P.C. for Dr. Chanduwadia; D. Paul Myre of Anderson & Gilbert for Dr. Crotty and Scott Radiological Group; Judith Brostron and Nicole Shine of Lashly & Baer for Jefferson Memorial Hospital