FROM FLOYD CIRCUIT COURT HONORABLE JOHNNY RAY HARRIS, JUDGE
ACTION NO. 13-CI-00657
FOR APPELLANT: Kellie M. Collins Lexington, Kentucky J. Dale
Golden Lexington, Kentucky.
ARGUMENT FOR APPELLANT: J. Dale Golden Lexington, Kentucky.
AND ORAL ARGUMENT FOR APPELLEE: Daniel Brown Louisville,
BEFORE: COMBS, J. LAMBERT AND NICKELL, JUDGES.
Fraley appeals from an order of the Floyd Circuit Court
denying her motion for a new trial following entry of the
court's judgment in favor of the appellees, Phillip
Zambos, M.D., and Eastern Kentucky Imaging,
P.S.C., in her medical negligence action. For the
reasons stated herein, we affirm the judgment and order on
in 1992, and upon the request of her family physician, Dr.
Caruso, Fraley had screening mammograms performed at
Highlands Regional Medical Center in Prestonsburg. These
screening mammograms were performed at two-year intervals. In
1997, a radiologist who interpreted Fraley's screening
mammogram noted in his report the appearance of a nodule in
Fraley's left breast and similar nodules in her right
breast. The radiologist recommended further imaging. As a
result, bilateral ultrasounds were performed, and spot
compression images of each breast were taken. The ultrasound
revealed a cyst in Fraley's left breast. The spot
compression images of the right breast were interpreted as
2001, Fraley began to have screening mammograms every year.
Zambos, a radiologist, began working with the hospital in
July 2004. A second radiologist, Dr. Terry Hall, was hired in
did not routinely perform breast self-examinations, but in
2012 she felt three lumps in her right breast. She made an
appointment with Dr. Caruso, who recommended that she have a
diagnostic mammogram. Dr. Hall interpreted the diagnostic
mammogram performed at Highlands Regional Medical Center on
September 11, 2012. As a result, he recommended that Fraley
go to King's
Daughters Medical Center in Ashland for further imaging. In
Ashland, Fraley underwent an MRI. She saw Dr. Mary Legenza,
who diagnosed her with breast cancer. Ultimately, Fraley
underwent a total mastectomy of her right breast and began
treatment with an oncologist, Dr. Suleiman Massarweh, at the
University of Kentucky Markey Cancer Center. Fraley has
undergone radiation, chemotherapy, and hormone treatment.
Cancer has since been detected in Fraley's spine, pelvis,
and possibly her brain stem.
2013, Fraley filed a medical malpractice action against Dr.
Philip Zambos; Dr. Terry Hall; Eastern Kentucky Imaging
P.S.C.; Highlands Hospital Corporation; and Consolidated
Health Systems, Inc. Fraley sought damages for lost wages,
medical costs, and pain and suffering.
complaint, Fraley alleged that Dr. Zambos had breached the
standard of care regarding the screening mammograms that he
interpreted in 2006, 2007, 2008, 2009, and 2010 by failing to
identify a suspicious abnormality in her right breast. She
alleged that Dr. Hall had breached the standard of care by
failing to find the suspicious abnormality in her 2011
screening mammogram. Fraley eventually settled her claims
against Dr. Hall and the hospital. The matter proceeded to
trial against Dr. Zambos and Eastern Kentucky Imaging, P.S.C.
presentation of the evidence and the testimony of numerous
experts, the jury rejected Fraley's claims and found in
favor of Dr. Zambos. Fraley's motion for a new trial was
denied, and this appeal followed.
argues that by denying her motion for a new trial, the trial
court abused its discretion with respect to several
evidentiary matters. She maintains that these errors were so
egregious as to entitle her to a new trial and that the trial
court erred by ...