Judgment For Pathologist In a Wrongful Death Case In Fulton County
Dan McGrew successfully defended a pathologist in a wrongful death action in Fulton County. The case involved allegations that the pathologist misdiagnosed breast cancer in a 27 year old woman who presented to the hospital with a breast mass and underwent a mastotomy and drainage of what was believed to be a breast abscess. The pathologist read the tissue slide as benign. Two years later, the patient was diagnosed with breast cancer in a different location in the same breast. Within a year from diagnosis, the patient died of breast cancer that had metastasized to her lungs. She was 30 years old at the time of her death. The case was tried over 4½ days. McGrew and Ruder successfully argued that the breast cancer that was diagnosed two years after the pathologist reviewed the tissue slide was a new and different cancer. Plaintiff sought damages in the nature of $5,000,000. McGrew and Ruder successfully obtained a judgment in favor of their pathology client.