BECKLEY – A man and his wife are suing Raleigh Radiology Inc. after they claim it and two physicians failed to timely diagnose a fracture.


Drs. Paul D. Ratcliff Jr. and C. Richard Daniel Jr. were also named as defendants in the suit.


On Dec. 26, 2011, David W. Nelson was emergently transported by ambulance to Raleigh General Hospital Emergency Department due to back spasms and chest pain that was so severe that he was unable to change position or walk, according to a complaint filed March 20 in Raleigh Circuit Court.


Nelson claims he informed the treating physician, Dr. Cordell Rivera Honrado, that he was having severe back spasms with pulling sensations in his ribs and back to the point that it hurt to breath and that the symptoms were worsened with any change of position.


The emergency room documented that Nelson had fallen approximately one month prior and fractured the seventh, eighth and ninth ribs and had developed pain in his left chest two weeks later, according to the suit.


Nelson claims Honrado ordered a chest CTA scan and chest AP/PA and lateral x-ray/ribs AP/PA and oblique x-ray scans.


Nelson underwent the tests at the hospital and the tests were interpreted by Ratcliff and Daniel, according to the suit.


Nelson claims the chest CTA scan demonstrated that he had a fracture at T-8, however, the diagnostic imaging report interpreting the chest CTA makes no mention of a T-8 fracture or deformity.


Ratcliff's report reflects that he looked at the thoracic spine, noting "degenerative changes about the thoracic spine" and missed the T-8 facture, according to the suit.


Nelson claims Daniel's report makes no mention of a T-8 fracture or deformity and that Daniel also missed the fracture.


The plaintiff was discharged home from the hospital and he continued to suffer and his pain did not resolve. On Dec. 28, 2012, Nelson underwent more x-ray ordered by Dr. Adnan Silk, which were also interpreted by Ratliff, according to the suit.


Nelson claims Ratliff noticed the T-8 fracture in the 2012 x-rays and commented on the progression of the fracture in relation to the 2011 records.


On Jan. 3, 2013, Nelson followed up with Silk and learned about the fracture, according to the suit.


Nelson claims he lost the chance to undergo surgical options to correct and/or repair the T-8 fracture and was further deprived of the chance for recovery because of the defendants failure to diagnose the fracture in 2011.


Nelson and his wife, Victoria J. Nelson, are seeking compensatory and punitive damages. They are being represented by Eric J. Buckner of Katz Kantor Stonestreet & Buckner PLLC.


Raleigh Circuit Court case number: 15-C-220

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