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ARTICLE ID 188361

$________ CONFIDENTIAL Medical Malpractice – Pathology – Failure to diagnose malignant melanoma – Amputation of great toe.

Withheld County, MA

In this medical malpractice matter, the plaintiff patient alleged that the defendant pathologist was negligent in misdiagnosing her malignant melanoma, causing her to undergo an amputation of her great toe. The defendant denied liability and damages.

The 63-year-old female plaintiff presented to a local clinic for a lesion on her big toe. It was suspected that that the lesion was cancerous and a biopsy was performed. The biopsy was sent to the defendant pathologist who diagnosed the plaintiff with a Blue Nevus. Blue Nevus is a non-cancerous type of skin lesion or mole. The plaintiff was advised by the clinic physician that she had asked the defendant to double check his diagnosis. The plaintiff was advised that the defendant re-read the specimen and confirmed the original non-malignant diagnosis of Blue Nevus. Approximately one year later, the plaintiff returned with complaints of toe pain in her big toe. She was referred to a podiatrist, the lesion was biopsied again and the plaintiff was diagnosed with acral lentiginous melanoma. The plaintiff underwent an amputation of her big toe.

The plaintiff brought suit against the defendant pathologist alleging that the defendant was negligent in failing to properly diagnose the plaintiff’s cancer. The plaintiff alleged that the original specimen clearly indicated that the specimen was not Blue Nevus, but rather a severe atypical epidermal and dermal proliferation extending into the peripheral specimen margins which required excision at the time that the original biopsy results were read. The defendant denied the allegations and disputed that there was any deviation from acceptable standards of care.The parties agreed to a confidential settlement of the plaintiff’s claims for the sum of $________ prior to the pre-trial conference in this case.

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