The American Journal of Surgery
Volume 187, Issue 6 , Pages 688-694, June 2004

Medical malpractice and cancer of the skin

  • Daniel D Lydiatt, D.D.S., M.D., F.A.C.S.

      Affiliations

    • Section of Head and Neck Surgical Oncology, Nebraska Medical Center 98125, Omaha, NE 68198-1225, USA
    • Corresponding Author InformationCorresponding author. Tel.: +1-402-559-7775; fax: +1-402-559-8940

Received 10 July 2003; received in revised form 31 October 2003

Abstract 

Background

A litigation crisis exists in this country, and it may be better understood through analysis of lawsuits. Verdict summary analysis has been used for this purpose.

Methods

Ninety-nine jury verdict reviews from 1986 to 2001 were obtained from a computerized database. Reviews compiled data on defendants, plaintiffs, allegations of wrongdoing, cancer cell types, sites, outcomes, and case summaries. Data was entered into a spreadsheet for analysis.

Results

Failure to diagnose was alleged in 54%; of these, 48% alleged biopsies were inappropriately omitted. Allegations were highest for failure to diagnose in dermatologists and general practice physicians, for misdiagnosis in pathologists, and for complications in surgeons. Young patients and those with poor outcomes received more and larger awards. Trauma appears to have support for a role in causation of skin cancer in some courts.

Conclusions

The study of skin cancer suits may help develop risk management and prevention strategies.

Keywords:  Malpractice, Skin cancer

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PII: S0002-9610(04)00059-5

doi:10.1016/j.amjsurg.2003.10.018

The American Journal of Surgery
Volume 187, Issue 6 , Pages 688-694, June 2004

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