Pathological evidence in malpractice trials
Russell G. Thornton, JD
In the evaluation, prosecution, and defense of health care liability claims, the value of any pathological evidence should not be underestimated. Most often, this evidence consists of the surgical pathology report for removed tissues and/or the results of an autopsy. As with other medical evidence, however, the value of pathological evidence may only be as good as the abilities, knowledge, and effort of the pathologists involved.
A detailed evaluation of a case's pathological evidence includes not only review of the pathology report itself but also consideration of the significance of what is and is not found. Frequently, through a thoughtful review of this evidence, key information is obtained for use in the evaluation and handling of these claims.
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