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.
These cases are perfectly simple and easy to distinguish. In a free hour when our power of choice untrammelled and when nothing prevents our being able to what we like best every pleasure is to be welcomed and every pain avoided. But in certain circumstances and owing to the claims