CLEARWATER — A Pinellas County couple is suing medical providers, alleging negligence and vicarious liability.

Smaragda Cromwell and Michael Cromwell filed a complaint Nov. 16 in Pinellas Circuit Court against Anthony Scott Thorpe, doctor of chiropractic, Diagnostic Imaging Consultants of St. Petersburg PA and Tampa Bay Imaging LLC, alleging they breached good faith and fair dealing.

According to the complaint, on March 9, 2015, Smaragda Cromwell was involved in an automobile crash. The suit says Cromwell suffered fdamages and injuries, including the need to undergo chemotherapy and a significant increase in the size of her tumor.

The lawsuit says her suffering resulted from the negligence of the defendants in failing to timely discovery a suspicious mass or tumor that could have been easily identified by a medical doctor instead of a chiropractor. The suit says Michael Cromwell was deprived of the support, services, comfort, companionship, society and consortium of his wife. 

The plaintiffs allege the defendants failed to recognize the large suspicious mass on Smaragda Cromwell's lumbar MRI, failed to provide an MRI-trained medical doctor to interpret the plaintiff's result, and failed to make recommendations for further evaluation and workup of the large suspicious mass.

The Cromwells seek trial by jury, damages in excess of $15,000, not including interest or taxable costs, and all other just relief. They are represented by attorneys Wil H. Floren and Eric P. Czelusta of Florin Roebig PA in Palm Harbor. 

Pinellas Circuit Court case number 17-CA-6818

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