Network Firm News

Thursday, December 06, 2007

Plaintiff Attorney Uses Post-operative Diagnosis Disputing Cancer
Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC partner Robert "Bob" Tanner and associate Scott Kerew took a defense verdict against unusual allegations of medical malpractice.

Plaintiff, a middle-aged woman, presented with severe chest discomfort. Biopsies of a mass in her chest were suspicious for cancer.

Defendant's pathologist sent a specimen to the Mayo Clinic for further evaluation, and the results supported the diagnosis of cancer.

Unbeknownst to the defendant's pathologist, the plaintiff also made arrangements for her biopsy slides to be evaluated by another pathology group and their findings disputed the cancer diagnosis.

In the meantime, the plaintiff went forward with chemotherapy. After the suspicious matter was removed and found to be non-cancerous, plaintiff decided that subjecting herself to chemotherapy was a mistake.

The case turned on the alleged failure to promptly notify the plaintiff's treating physician of the non-cancerous diagnosis. Tanner and Kerew prevailed by proving that the treating physician had been notified of the non-cancerous diagnosis on a timely basis.

After four days of trial, a unanimous jury returned a defense verdict after less than two hours of deliberation.

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