CANCER PATHOLOGY CLAIMS

pathology, medical malpractice, claimed, missed pathology, claim against pathologist, negligence, medical malpractice. 

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The pathology is a potential defendant and the attached article discusses claims. 
 

Troxel, Medicolegal aspects of error in pathology, Arch Pathol Lab Med. 2006 May;130(5):617-9.
School of Public Health, University of California, Berkeley, California, USA. dtroxel@thedoctors.com

OBJECTIVE: To discuss the various ways error is defined in surgical pathology. To identify errors in pathology practice identified by an analysis of pathology malpractice claims. DESIGN: Three hundred seventy-eight pathology malpractice claims were reviewed. Nuisance claims and autopsy claims were excluded; 335 pathology claims remained and were analyzed to identify repetitive patterns of specimen type and diagnostic category. SETTING: All pathology malpractice claims reported to The Doctors Company of Napa, Calif, between 1998 and 2003. RESULTS: Fifty-seven percent of malpractice claims involved just 5 categories of specimen type and/or diagnostic error, namely, breast specimens, melanoma, cervical Papanicolaou tests, gynecologic specimens, and system (operational) errors. Sixty-three percent of claims involved failure to diagnose cancer, resulting in delay in diagnosis or inappropriate treatment. CONCLUSION: A false-negative diagnosis of melanoma was the single most common reason for filing a malpractice claim against a pathologist. Nearly one third involved melanoma misdiagnosed as Spitz nevus, "dysplastic" nevus, spindle cell squamous carcinoma, atypical fibroxanthoma, and dermatofibroma. While breast biopsy claims were a close second to melanoma, when combined with breast fine-needle aspiration and breast frozen section claims, breast specimens were the most common cause of pathology malpractice claims. Cervical Papanicolaou test claims were third in frequency behind melanoma and breast; 98% involved false-negative Papanicolaou tests. Forty-two percent of gynecologic surgical pathology claims involved misdiagnosed ovarian tumors, and 85% of these were false-negative diagnoses of malignancy. The most common cause of system errors was specimen "mix-ups" involving breast or prostate needle biopsies.
 

MEDICAL MALPRACTICE LINKS  

Failure to diagnose cancer, doctor's defenses Malpractice and standard of care
Failure to Detect Lung Cancer claims
What is cancer (chapter one from our upcoming book, A Complete Guide to Lung Cancer) 
medical malpractice and standard of care (a journal discussing medical malpractice standards of care including failure to diagnose cancer)
New York medical malpractice claims

medical malpractice lung cancer claims    cancer malpractice statute of limitations               
New York Cancer Malpractice claims       medical malpractice and clinical practice guidelines
New Jersey cancer malpractice claims     medical malpractice liability
Medical malpractice jury instruction        New York Medical malpractice law 
medical malpractice pre-existing cause    workers' compensation doctor liability for malpractice
cancer, malpractice and informed consent  lung cancer malpractice claim elements
Delayed diagnosis of cancer Kern article           Cancer pathology claims
Delayed diagnosis of cancer Sign article

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About Us
 

Mr. Gutman is the author of lung cancer and mesothelioma, 480 page book which reviews chemotherapy, gene therapy, radiation, treatment for lung cancer, and medical malpractice questions.   He served as a caregiver for a family member with lung cancer, was a member of the board of directors of a leading cancer support group, and is an attorney specializing in lung cancer legal issues.  He combines the intellectual knowledge of someone who handles issues of lung cancer with the personal approach of someone who has dealt with cancer and confronted many of the difficult questions patients and family members confront.