Munoz v. Clark

Hill, J.:

In this medical malpractice case, the evidence suggests that as a standard of care, when a surgeon has received a report from the pathologist that casts doubt upon what the surgeon thinks he has accomplished with the surgery, then that surgeon must take steps to reconcile the two beliefs. Here, the surgeon chose to ignore the pathologist report and tell the patient and her referring physician that he had successfully removed the patient’s ovaries laparoscopically. He had not. They were finally removed 2 years later. After losing in district court, the surgeon raises several issues in…