Patient accuses radiological services facility of negligence

By Jenie Mallari-Torres | Feb 21, 2019

ORLANDO — An Orange County man is suing an Orlando radiological services facility, alleging negligence.

Michael Kelly filed a complaint Jan. 23 in Orange County Circuit Court against Medical Scanning Consultants PA, doing business as Center for Diagnostic Imaging, alleging the facility negligently performed a CT scan on an individual with implants.

According to the complaint, on June 24, 2016, Kelly came to the Center for Diagnostic Imaging for radiological studies to his cervical and lumbar spine. The suit says a CT scan was ordered because of the Medtronic spinal cord stimulator implanted on his cervical spine that prevented the use of an MRI. 

However, the lawsuit states, the center performed an MRI of Kelly's cervical spine that resulted in damage to the Medtronic device and injuries to Kelly, resulting in pain and suffering, permanent aggravation of a pre-existing condition, disfigurement, disability, mental anguish, loss of the enjoyment of life, and medical expenses. 

The plaintiff alleges Center for Diagnostic Imaging failed to properly read the prescription for a CT scan, failed to warn Kelly that an MRI was being performed and failed to establish adequate policies and procedures to prevent individuals with implants from being given an MRI.

Kelly seeks trial by jury, damages that exceed $15,000 exclusive of court costs and attorney fees, plus all further relief just relief. He is represented by attorneys Desiree Sanchez of Sanchez Law Group PA in Orlando and Franklin Domenech of Domenech Law Firm PA in Orlando.

Orange County Circuit Court case number 19-CA-965

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