limaohio.com

Attorney says doctor did not err in cancer diagnosis

By Greg Sowinski gsowinski@civitasmedia.com

July 28, 2014

LIMA — A doctor named in a lawsuit in a woman’s cancer diagnosis did not err in his duties, his attorney said.


Cincinnati attorney Michael Lyon represents Dr. Joseph Misson of Lima and the Orthopedic Institute of Ohio. He said Misson examined the knee in question that contained what, at the time, appeared to be a tumor. He said Misson ordered additional testing, which is where the reported error occurred.


The person conducting the MRI did so on the wrong knee of patient Sara Wellman, of Coldwater, against Misson’s order, Lyon said.


Misson relied on the MRI of the wrong knee to make his diagnosis. He said a doctor cannot easily tell which knee is the subject of the MRI just by looking at it and assumes it was of the knee requested.


Wellman filed the lawsuit this month in Allen County Common Pleas Court seeking more than $25,000 in damages. She also named as defendants Dr. Paul Favorito, of Cincinnati, and his employer, Wellington Orthopedic & Sports Medicine of Cincinnati.


The Cincinnati defendants also relied on the MRI of the wrong knee for treatment, according to the lawsuit.


Wellman said in the lawsuit the error led to a seven-month delay in treating her cancer allowing it to spread to her lungs, according to the lawsuit.


Lyon said Wellman is cancer-free today thanks to a successful treatment plan. He said she previously filed the lawsuit in Cincinnati only to dismiss it after she could not find an expert witness to back her claims. Additionally, he said she is a nurse, and was in training to be a nurse at the time she sought treatment, so she should have raised questions when the MRI was performed on her wrong knee, he said.


“We do not think, under any circumstances, the doctors did anything preventing this young lady from getting the appropriate and timely treatment,” Lyon said.