Medical Malpractice Law — Doctrine and Dynamics

David M. Studdert 3

(Originally published by The New England Journal of Medicine on October 27, 2022) 

When she turns 50, Ms. P. follows Dr. D.’s advice to have her first screening mammogram, which is negative. Dr. D. advises her to return “in a few years” for repeat screening. Twenty-seven months later, she is diagnosed with stage 3 breast cancer and sues Dr. D. At trial, an expert testifying for Ms. P. states that many doctors and consensus guidelines recommend mammograms annually or every 2 years for people Ms. P.’s age. Dr. D.’s expert testifies that a range of intervals is acceptable and that the local practice is to advise that, absent symptoms or family history, about every 2 or 3 years is sufficient.

(Continue reading the opinion essay on NEJM’s page here.)