In Bennett v. Long Is. Jewish Med. Ctr. , Troy Bennett sued Long Island Medical Center for medical malpractice.
Bennett had a CT scan of his lungs taken at the Center as part of a clinical trial conducted by Dr. Shikowitz. Although the scan didn't show anything pertinent to the study, it did show a cyst in Bennett's thyroid. However, Shikowitz didn't know about the cyst because he didn't review the scan report. Two years later, Bennett was diagnosed with thyroid cancer.
After Bennett filed suit, the Center asked for the case's dismissal based on a "time bar." Bennett countered with a request to amend his complaint to assert negligence. While the Queens Count Supreme Court dismissed the medical malpractice claim, it granted Bennett permission to assert a negligence theory.
On appeal, the Appellate Division, Second Department, found Bennett could assert a cause of action based upon negligence because of Shikowitz's purported failure to "communicate significant medical findings." As the AD2 noted, "one need not have a medical degree to conclude that [Bennett] should have been informed [of the results of the cat scan]."
Was that a bit catty or what?
To download a copy of the Appellate Division's decision, please use this link: Bennett v. Long Is. Jewish Med. Ctr.