This common sense reasoning respects the various roles of doctor and patient. It allows and encourages the patient to respect the doctor’s every decision before a definitive diagnosis is determined. It also respects the doctor’s decision making process without forcing the patient to second-guess the decision making process and trying to force the medical decision-making process.

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Medical Malpractice case remanded back to the Iowa District Court - failure to diagnose breast cancer alleged


Posted on Nov 25, 2008

Medical Malpractice - Iowa Supreme Court allows patients to give the doctor the benefit of the doubt before definitive diagnosis is made.

Iowa Supreme Court Decision – Med. Malp. – Breast Cancer Detection Case Allowed to Proceed

Pamela Rock developed a lump on her breast. She went to the doctor who later diagnosed breast cancer. She alleges malpractice in the detection process and what was told to her about her condition. Allegations are just that and will need to be proven. The District Court and the Iowa Court of Appeals found she filed her case too late; two days late. The Iowa Supreme Court in a decision that backs away from the Court’s latest pronouncements for tort deform held her case could proceed.

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