Ohio Supreme Court: Medical Malpractice 

            After several years of fighting, Lonna Loudin received a victory from the Supreme Court of Ohio on April 20, 2011. The case had originated with her alleging claims of negligent infliction of emotional distress, medical malpractice, respondeat superior, and negligent supervision against Radiology & Imaging Services, Inc.  

            Loudin's ordeal began back in 2004, when she learned that she had a lump in her breast, which was then diagnosed as cancerous. The lump was two centimeters in length, labeled as Stage IIA cancer, and had metastasized, or spread, to surrounding lymph nodes.  Following her diagnosis, Loudin underwent a lumpectomy, hormone therapy, radiation therapy, and eight rounds of chemotherapy. Loudin was surprised by the fact that her lump had grown so large, considering she had maintained annual mammograms from 1997 through 2004 at the Reflections Breast Health Center, which is owned and operated by Radiology & Imaging services, Inc. After further research, it was discovered that her lump had actually been present in the mammogram conducted in 2003, but had been left undetected by her doctor at Reflections. At the time of her mammogram in 2003, the lump was only one centimeter in length.

            Loudin sued Reflections for damages and emotional distress. She then amended her complaint on March 5, 2009, to include allegations that Reflections' negligence had led to the enlargement of her tumor, metastasis to her lymph nodes, and emotional stress from fear and worry that her chances of recurrent cancer were increased.  Testimony from radiologist, Jules Sumkin, stated "the failure to detect her cancer in 2003 was a deviation from the standard of care and Loudin's tumor had increased from one centimeter to two centimeters from 2003 to 2004." Additional doctors testified that Loudin's cancer would not have spread to the lymph nodes yet in 2003, and therefore would have been characterized as Stage I cancer if it had been accurately detected at that time. The doctors also indicated that Loudin's treatment plan would have been less intensive and she would not have had to complete chemotherapy. The Summit County Court of Common Pleas granted summary judgment in favor of Reflections as they ruled, "growth and metastasis of cancer are not compensable physical injuries in Ohio".

            The battle continued as Loudin took the case to the Ninth District Court of Appeals. The explanations of several past cases were detrimental in making the court's decision. In Binns v. Fredendall (1987), it was concluded "a negligence claim involving a physical injury invokes the traditional rule of recovery, which consider emotional distress as a part of damages." The court also cited Berdyck v. Shinde (1993), which stated "a medical professional's failure to detect a condition may result in liability if the failure to detect is proven to be a proximate cause of a patient's injury." The court decided in favor of Loudin, reversing the order of the Common Pleas Court and declaring that the growth and metastasis of cancer are physical injuries eligible for compensation and that fear of cancer recurrence did qualify as emotional injuries in which she could seek recovery for.

            On April 20, 2011, the Ohio Supreme Court also ruled in favor of Loudin, thus concurring with the Court of Appeals decision.

Firm Update

What's new at Fanger & Associates LLC 

 

New Promotion on Our Legal Team!

By: Larissa Martin

 

Erin Thompkins

        This month we are excited to announce that Erin Thompkins has been promoted to the position of Senior Paralegal.  She will manage our paralegal department as our firm continues to grow and provide ever-expanding resources to our clients.  Ms. Thompkins' hard work and dedication to our firm have earned her this exciting advancement in her legal career.            

         Ms. Thompkins joined Fanger & Associates in 2010 as a legal assistant.  She earned her Associates of Applied Business in Paralegal Studies and graduated Magna Cum Laude from the Academy of Court Reporting in 2010.  Ms. Thompkins is also a Paralegal Associate member of the Ohio State Bar Association.  Growing up she always had a passion for the legal world, but was inspired to become a lawyer after being told by her elementary school principal that she possessed an "innate sense of fairness."

         As Senior Paralegal, Ms. Thompkins' excellent management skills and expertise will assist our firm in providing our clients with the best possible services to suit their legal needs.