Mitigation for Car Accident Victims

A Dartmouth man is suing a private MRI clinic and its owner after he says his lung was punctured during a procedure on his shoulder.

Justin Bradley went to see Dr. George Murphy at HealthView Medical Imaging in Halifax just over two years ago, court documents state.

Bradley had hurt his shoulder years ago while working for Sears and it was the third time the Workers’ Compensation Board had sent him to the private MRI clinic, Bradley said during a telephone interview Friday morning.

But unlike the two previous times when Bradley had gotten dye injected into his shoulder, this time it really hurt.

“It felt like he’d slammed my chest,” Bradley said.

According to documents filed on Bradley’s behalf at Nova Scotia Supreme Court, Murphy inserted needles into the Dartmouth man’s chest containing anesthetic and/or dye.

“He felt a strange sensation during the procedure, followed by sharp pain. The plaintiff told Murphy about these symptoms he was experiencing but Murphy continued with the procedure,” the document states. “(Bradley) continued to feel hot sensations, pressure and pain throughout the rest of the procedure.”

That night the symptoms continued and the next day Bradley was finding breathing difficult and he was feeling nausea, the documents state.

Eventually, he went to the hospital and discovered that he’d suffered a punctured lung.

The documents state that Murphy failed to warn Bradley of any potential risks of having the shoulder procedure performed and he was not told of any risk of injury to his lung.

“The plaintiff denies giving informed consent for the procedure and states that the performance of the procedure by the defendants constitutes a battery.”

In the documents, Bradley makes several allegations of negligence against Murphy including that the radiologist failed to exercise a degree of care and skill which could reasonably be expected, that he failed to properly and reasonably react to his patient’s complaints of pain and other symptoms, and that he failed to properly insert the needle.

The suit does not state a specific dollar amount that Bradley is seeking in damages on a number of grounds, including pain and suffering and loss of future earnings/diminished earning capacity.

“(Bradley) is at risk because of the injury that he suffered,” said Bradley’s lawyer Barry Mason. “It’s not fully healed.”

Murphy has not yet filed his defence. The doctor could not be reached for comment Friday.

Richard Niedermayer, lawyer for the clinic, said they have not yet been served with the notice of action.

Click here to see original article written by Davene Jeffrey, Staff Reporter, Herald New