What is the test for misdiagnosis of skin cancer?
Alberta, Canada
The following excerpt is from Paniccia Estate v. Toal, 2012 ABQB 11 (CanLII):
Mitchell Estate v. Labow is a medical malpractice decision where the plaintiff had malignant melanoma, a particularly aggressive form of skin cancer. The plaintiff had identified a suspicious mole that was excised, examined, and diagnosed as benign. Unfortunately, that examination and diagnosis was incorrect, as the mole was clearly a melanoma (para. 24). The trial judge concluded that misdiagnosis was negligent (para. 43).
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