Retrial in Medical Malpractice Case Brings Same Result

Retrial in Medical Malpractice Case Brings Same Result

Verdict: Not Guilty

Date: August 2010

County: 3rd Judicial Circuit

PLTF Medical: Dr. Eric Whitman (Oncologist) and Dr. Clay Anderson (Oncologist)

PLTF Experts: Dr. Douglas Reintgen (Oncologist), Dr. John Sutherland (Family Practice) and Leroy Grossman, Ph.D. (Economist)

DEF Medical: Dr. Louis Dehner (Pathologist)

DEF Experts: Dr. Jerry Kruse (Family Practice) and Dr. Kelly McMasters (Oncologist)

Summary: Mrs. Maria Storm had a mole removed by her family doctor but the doctor did not have the mole reviewed by a pathologist. 3 years later Mrs. Storm was diagnosed with metastatic melanoma which led to her death. The estate contended that the mole should have been tested and if it was, Mrs. Storm could have been treated. The defense contended that there was no reason to test the mole, that the location of the mole was not the primary site of the disease, and that the cancer has already metastasized at the time it was removed and no cure was possible.

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Category: Medical Malpractice, Wrongful Death