Man sues over alleged injuries

JOHNSTOWN — A Cayuga County resident whose lawyer claims suffered brain damage from alleged medical malpractice, is suing several entities involved, including Nathan Littauer Hospital.

Richard K. Thomson of Auburn — represented by Gloversville attorney Robert Abdella — filed a civil lawsuit Dec. 20 in state Supreme Court in Johnstown.

The complaint is against: Dr. Timothy Shepard; Millennium Medical Imaging; Dr. Trevor Black; The Schumacher Group of New York Inc.; and Nathan Littauer Hospital.

The suit doesn’t seek any specific amount of monetary damages.

The lawsuit indicates that Thomson on Sept. 5 — from between 11 p.m. to midnight — went to the Gloversville hospital’s emergency room. Once there, he received services that included radiology services and a CT scan. But the complaint says Thomson was experiencing a “brain bleed” while he was under the hospital’s care.

Court papers stated: “The plaintiff presented to the defendant hospital with a history of a head injury with loss of consciousness, but he was wholly unaware of the existence of said brain bleed.”

Thomson was discharged within hours of arriving at the ER by Black at 1:17 a.m. Sept. 6. At the time of discharge, the patient had an “ongoing” brain bleed, the lawsuit claims.

The lawsuit alleges “that the defendant hospital’s medical negligence … caused a significant delay in the proper diagnosis of the plaintiff’s condition, which included an ongoing brain bleed, and by reason of said delay in diagnosis caused by [Littauer’s] medical negligence … the plaintiff suffered severe injury, including brain damage.”

Court papers added that the radiologist involved “had a duty to take all reasonable measures, consistent with the standard of care, to properly review, read, inspect and interpret the radiological films ordered …”

The suit states that had Black “been aware of the active brain bleed shown on said films, the defendant Dr. Black would not have discharged the patient.”

Abdella didn’t return a phone call seeking comment Friday.

A Nathan Littauer Hospital spokesperson said Friday the hospital has no comment.

Michael Anich covers Johnstown and Fulton County news. He can be reached at [email protected].

By Kerry Minor

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