LAS VEGAS HUB — Managing Partner Adam Garth recently obtained a significant victory for a radiologist and the affiliated radiology practice in a medical malpractice and wrongful death lawsuit, demonstrating the critical role of procedural compliance and effective legal strategy in achieving early case dismissal.

Overview of the Case

The case stemmed from a lawsuit filed in 2022 against a hospital and several medical providers, alleging medical malpractice and wrongful death. The plaintiff claimed that the decedent, who presented to the hospital on April 29, 2021, with vision loss, chest pain, and shortness of breath, passed away due to a delayed diagnosis of an aortic dissection. The decedent allegedly had a pre-existing history of hypertension, diabetes, and hypercholesterolemia. An x-ray and CT scan of the head were ordered and read with no abnormalities indicated. A further abdominal CT scan was performed the same day and ordered on a STAT basis, having been read by a doctor the next day, April 30, 2021. Years after the initial filing, the plaintiff attempted to add QPWB's clients – a radiologist who had interpreted the decedent's abdominal CT scan and their affiliated practice – to the lawsuit.

The complaint further alleged that on April 30, 2021, the decedent suffered a tonic-clonic seizure and cardiac arrest, having passed away shortly after. A subsequent autopsy was performed, and it was alleged that the decedent suffered a dissection of the proximal aorta with rupture and pericardial tamponade. Despite initially receiving court permission to amend the complaint, Garth swiftly moved to dismiss the entire case against his clients on multiple grounds.

Key Difference-Makers

• Participants:

  • Adam Garth - Managing Partner of Las Vegas Hub

Claims Made Against Our Client

The plaintiff alleged that the radiologist's interpretation of a CT scan failed to identify a critical medical condition, which ultimately led to the patient's death. The plaintiff alleged that the radiology group employed by the hospital failed to expedite the reading of the decedent's CT scan that was ordered as STAT. The plaintiff argued that the read time should not have taken over 15 hours and that there did not appear to be a preliminary read given. He claimed that if a preliminary read had been given, additional imaging may have been ordered, which may have ascertained a diagnosis of aortic dissection. The plaintiff sought damages for medical negligence and wrongful death.

Defense Strategy

Garth meticulously dissected the plaintiff's claims and identified several critical procedural and legal deficiencies. Specifically, he argued that:

• The plaintiff's failure to submit a proper medical affidavit, as required by Nevada law, rendered the complaint invalid from the outset.
  
• The plaintiff relied on an unqualified expert witness who lacked the necessary expertise in radiology to opine on the standard of care.
  
• The plaintiff failed to articulate the specific standard of care allegedly violated by the radiologist, further weakening their case.
  
• The claims against the radiologist fell outside Nevada's statute of limitations for medical malpractice actions, making them time-barred.

This comprehensive approach, highlighting the plaintiff's lack of adherence to legal requirements, proved highly effective.

Impact on Final Outcome

The motion to dismiss was so compelling that the plaintiff did not oppose it, resulting in the dismissal of all claims against QPWB's clients at the earliest stage of litigation. The court agreed with the defense arguments and concluded that the plaintiff's medical affidavit was non-compliant with the law, requiring non-discretionary dismissal of the complaint. 

The court also concluded that the plaintiff's claims were barred by the statute of limitations. This outcome underscores the importance of thorough legal analysis and strategic advocacy in achieving favorable results for clients.

Predicting the Future

This win reinforces QPWB's commitment to providing aggressive and comprehensive legal representation in medical malpractice defense. The firm's ability to identify and leverage procedural and substantive legal issues allows for efficient and cost-effective resolution of cases, ensuring that clients receive the best possible defense.

About QPWB:

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation. QPWB serves a diverse range of industries with over 100 areas of practice, providing expert representation for businesses and their leaders in litigation, regulatory, and corporate matters.