Meli v. Hicks

There was no evidence that the radiologist violated the applicable standard of care by failing to tell the orthopedic surgeon who ordered the MRI that it should have been performed with contrast.

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Bobby R. Hicks was diagnosed with an epidural abscess in his lower back, and underwent two surgical procedures followed by a lengthy period of rehabilitation. He sued multiple health care providers for failing to diagnose his infection earlier, including two emergency room physicians, two hospitals, and the orthopedic surgeon who had seen him the week before the infection was diagnosed. Hicks also sued Richard Meli, a radiologist who read the MRI ordered by the surgeon, and his practice, Northside Radiology Associates, P.C. Meli. The trial court dismissed all of the defendants except Meli due to inadequacies in Hicks’ expert affidavits, and following discovery, denied Meli’s motion for summary judgment. This court granted Meli’s application for interlocutory appeal, and because Hicks has provided no evidence that the radiologist violated the applicable standard of care, we reverse. Hicks1 contends Meli should have told the orthopedic surgeon who ordered the MRI that it should have been performed with contrast. He further argues that if the test had been performed with contrast, his epidural abscess would have been diagnosed a week earlier and would have been easier to treat.

Meli moved for summary judgment, arguing Hicks failed to show he breached the standard of care or that any breach caused harm. The trial court denied summary judgment to Meli, finding that a genuine issue of material fact existed as to the standard of care and whether Meli deviated from it. The court did not address Meli’s causation argument.

Meli v. Hicks

There was no evidence that the radiologist violated the applicable standard of care by failing to tell the orthopedic surgeon who ordered the MRI that it should have been performed with contrast.

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