Presenting Medical Evidence
Diagnostic errors can be one of the more difficult medical negligence cases to prove. This is because the arguments are frequently over complex medical issues. Doctors and healthcare professionals often defend these cases by stating many signs and symptoms are ‘nonspecific’. In other words, they are consistent with many illnesses – usually benign illnesses. As such, professionals ‘used their best judgment’ in arriving at the diagnosis, even if it was wrong. Having a nursing background and understanding how to use the medical evidence to create illustrations to aid the jury in understanding the case is critical to successful recovery.
Understanding how to use medical evidence to create understandable visual aids for the jury is critical to a successful recovery. The illustration below is from a recent case where CT scans demonstrated physicians’ negligence which caused the patient’s injury.
In this case I used a series of CT images taken over the course of time. These images show a cancerous liver mass and how the mass enlarged and progressed until it became untreatable. This diagnostic failure eventually cost the patient her life. Physicians originally missed the liver mass on the first CT scan, but it was clearly present and visible. At the time it was small and treatable had they properly diagnosed it.