When it comes to medical malpractice, sometimes it’s as much what the physicians and health care professionals did not do as what they did.
This was the case for plaintiffs in Uriell v. Regents of UC, who accused a surgeon and surgeon’s employer of failure to diagnose breast cancer resulting in the wrongful death of patient, who was a wife and mother of three children.
A central question here was not only whether the doctor had breached the applicable standard of care, but also whether it had much effect. The type of cancer the patient had was almost certainly terminal. However, there was a real question as to how much longer she might have lived had the malignancy been diagnosed sooner.