Burtker, Nesbitt, and Ferrell Obtain Not Guilty Verdict in Failure to Diagnose Cancer Case
Brennan Burtker congratulates Bob Burtker, Amica Nesbitt, and Dana Ferrell for their success in obtaining a not guilty verdict in a medical malpractice trial involving an alleged delay in diagnosing cancer. The jury verdict was returned in favor of their community hospital client on a theory of apparent agency after 3 hours of deliberation. The physician, represented by another law firm, was found guilty. The plaintiff contended that the defendant radiologist failed to identify a mass on a chest x-ray, which lead to a 14 month delay in the diagnosis of cancer. Burtker, Nesbitt and Ferrell successfully argued that the community hospital did not hold itself out as the defendant radiologist’s principal.