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.