Oct. 12, 2011
Medical Malpractice Litigation: The Medical and Legal Perspectives
Elena and Miles Zaremski Law-Medicine Forum
presented by the Law-Medicine Center
Case Western Reserve University School of Law
George M. Moscarino
Moscarino & Treu LLP
Howard Nearman, M.D.
University Hospitals Case Medical Center
Example one is negligence.....the harm is that the cancer was allowed to grow, thereby making the woman's outcome worse. If the cancer had been diagnosed earlier, her out come could have been much better given today's more effective treatment options for cancer. Remember, early diagnosis for cancer by definition means better outcomes. This case should be actionable against the primary care M.D. for not following-up as recommended by the radiologist. Also, many cancers caught early can save the patient from metastatic processes from primary lung nodules so that the cancer does not go to the brain causing more harm. If this case is a loser, then what's the difference between early cancer diagnosis and late diagnosis? More harm to the patient. Is that not actionable? I believe it is. The common defense is that it would not have made a difference....they always say that as they hand over the check.
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