Facts

In February 2018, Monica Dibble was treated by Woman's Imaging Specialists in Healthcare (WISH), Wilson Radiological Medical Group, and Dr. Alson (defendants). Ms. Dibble underwent a mammogram and ultrasound which did not detect any abnormalities. In 2019, it was discovered Ms. Dibble had developed breast cancer. Ms. Dibble and her husband, Tom Dibble, brought a medical malpractice action against defendants alleging that a lack of close follow-up and improper imaging techniques and equipment caused Ms. Dibble to suffer damages by way of medical expenses, wage loss, lost of future earning capacity, and general damages.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended defendants committed medical malpractice by failing to discover the cancer in 2018. Plaintiffs contended that a lack of close follow-up and improper imaging techniques delayed the discovery of the cancer. Plaintiff contended that defendants committed medical malpractice by misreading and misreporting the mammogram. Plaintiffs contended that defendants fell below the standard of care that resulted in any delay of her treatment and caused her damages. Plaintiff Tom Dibble contended defendants' medical malpractice caused him a loss of consortium.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions. Defendants contended it did not fall below any standard of care by not recognizing or identifying any abnormalities in February 2018. Defendants contended that the diagnosis in February 2019 was not apparent on the imaging from 2018. Defendants contended there is no triable issue of fact that defendants committed medical practice and did not fall below a standard of care. Defendants contended that because their actions did not amount to medical malpractice, plaintiff Tom Dibble has no claim for loss of consortium.

Result

Defendants' motion for summary judgment as to the entire complaint was granted.