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5 November 2012

Medical Malpractice Defense Verdict

Jim Wood and Tom Mack successfully defended a pathology group in a four-day trial in Albuquerque.

Our clients interpreted an intra-operative frozen tissue section biopsy as showing a deadly stomach cancer.  As a result, surgery was performed removing the Plaintiff's stomach.  Post-surgical pathology studies did not confirm the original intra-operative cancer diagnosis.  Plaintiff alleged that the pathology group was negligent in its interpretation of the intra-operative biopsy resulting in the unnecessary removal of his stomach.

Defense counsel established that the pathologists had diligently and carefully reviewed the gastric mass biopsy intra-operatively.  Two Pathologists collaborated on the frozen section analysis, and they took time to prepare and review additional slides.  The jury agreed, returning a defense verdict finding that a poor medical result alone did not establish negligence and that the pathologists performed within the expectations of the standard of care.