Medical Malpractice: Using Animation In a Tumor Diagnosis Case

In a medical malpractice case, a physician can be held liable for negligence and improper standard of medical care causing injuries to the plaintiff.

The National Center for Biotechnology Information in an article  defined medical malpractice “as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.” Simply put, it is a legal action that arises from a physician’s failure to follow the standard of care for treating a patient’s condition, resulting in injury or discomfort to the patient. 

According to Waters et al. (2005), the plaintiff in a medical malpractice case must show; there exists a physician-patient relationship between them and the physician; the physician did not provide medical care that met appropriate standards; substandard care caused their injury; establish the resulting damage from the injury.

Medical malpractice cases are prevalent in the United States, and the affected patient must demonstrate that the physician was negligent in providing care, resulting in injury. Popular instances of medical malpractice include but are not limited to failure to diagnose, failure to treat, delayed diagnosis, misdiagnosis, surgical mistakes.

Tumor growth in patients amongst other medical diagnoses has led to trials across courts in the United States and worldwide.

Medical Malpractice
Photograph by National Cancer Institute (unsplash.com)

Medical Malpractice Cases in The United States Involving Tumor Diagnosis

Bolden v. Dunaway

In this case, the defendant, who is a physician after establishing a physician-patient relationship with the plaintiff, confirmed that the plaintiff needed to undergo surgery to remove a tumor causing infertility and other problems to the reproductive system of the plaintiff.

After paying some fees in advance to the defendant, the defendant was not available to conduct the surgery on the day of the proposed surgery despite the plaintiff being prepped for the surgery at the hospital. The defendant was said to have taken a trip to New Orleans.

Plaintiff’s procedure was canceled and grew more complicated and risky due to the defendant’s callousness and incompetence, which included his failure to show up for planned surgery and make adequate arrangements to receive an advance payment. Hence, he was charged to court.

Elkin v. Goodman

A medical malpractice claim was brought against the plaintiff, a physician. The defendant claimed that the plaintiff allegedly misread magnetic resonance imagings(MRIs) of the defendant’s brain tumor. It was also contended that Dr. Goodman failed to remove the tumor after seeing it grow, leading to worse facial symptoms; instead, he opted to observe it.

Other cases of tumor diagnosis in US Courts include but are not limited to; Day v. US, Ferrara v. South Shore Orthopedic Assocs

Using animation during these tumor diagnosis trials can significantly benefit you as an attorney getting a favorable judgment for your client. 

Animation can show the position of the tumor in the body and its different sizes over time. It can illustrate how it spreads to surrounding tissues and structures in the body. The animation can demonstrate the density of the tumor and how it solidifies.

Contact an experienced medical animation company for your subsequent trial. 

Like what you see? Share with your friends!

Subscribe to our weekly newsletter!

More Posts

Demonstrative Evidence

Demonstrative Evidence Made Simple

Demonstrative evidence is a form of evidence that gives visual credence to facts in a case. Legal animation is top among other forms of demonstrative evidence.

High-quality animation for legal use

High-Quality Animation For Legal Use

The use of high-quality animation is no longer limited to Disney creations. They’ve migrated to the courtroom, fulfilling a more complex task of persuasion.