Hagen v. Strobel

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A cardiologist performed pacemaker surgery on Gregory Hagen and then ordered an x-ray to check the placement of the pacemaker leads and for complications. A second cardiologist reviewed the x-ray and discharged Hagen from the hospital. A radiologist also reviewed the x-ray, noted a potential “nodule” in Hagen's lung, and recommended follow-up x-rays. But these recommendations were never relayed to Hagen, who died from lung cancer approximately two years later. Hagen's wife Shirley filed a medical negligence suit against the two cardiologists, alleging that their failure to relay the radiologist’s recommendations resulted in a lost chance of survival for Gregory. The superior court granted summary judgment to the cardiologists on the grounds that expert testimony from a board-certified cardiologist was required to establish the standard of care and that the Estate had failed to identify such an expert. On appeal of that order, the Estate argued there was a genuine issue of material fact whether the cardiologist who ordered the x-ray later received the radiologist’s report. After review, the Supreme Court concluded the Estate did not show how this issue was material to the superior court’s decision regarding the necessity of expert testimony to establish the standard of care. Accordingly, the Court affirmed. View "Hagen v. Strobel" on Justia Law