Steele v. Kitchener Case File

This case involves the alleged negligent misreading of a biopsy tissue sample by the defendant, Susan Kitchener, M.D. After examining the tissue sample from the plaintiff, Dr. Steele, the defendant concluded that the lesion was benign. Seven months later, Steele's lesion had grown and the analysis of the biopsy at that time concluded that the lesion had actually been malignant melanoma.
Publisher: NITA
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ISBN: 9781556818967
Publisher: NITA
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This case involves the alleged negligent misreading of a biopsy tissue sample by the defendant, Susan Kitchener, M.D. After examining the tissue sample from the plaintiff, Dr. Steele, the defendant concluded that the lesion was benign. Seven months later, Steele's lesion had grown and the analysis of the biopsy at that time concluded that the lesion had actually been malignant melanoma. Two years later, Steele developed brain lesions and died. The patient's widow, Linda Steele, seeks to recover damages for wrongful death from Kitchener and her employer, Pathology Labs. There are two witnesses for both the plaintiff and the defendant.

Includes CD-ROM with exhibits.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com.

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Table of Contents

TABLE OF CONTENTS

ACKNOWLEDGMENTS

INTRODUCTION

PROBLEMS

PROBLEM ONE
PROBLEM TWO
PROBLEM THREE
PROBLEM FOUR
PROBLEM FIVE
PROBLEM SIX
PROBLEM SEVEN
PROBLEM EIGHT
PROBLEM NINE
PROBLEM TEN
PROBLEM ELEVEN
PROBLEM TWELVE

CASE FILE
COMPLAINT AND JURY DEMAND

ANSWER OF PATHOLOGY LABS AND SUSAN KITCHENER JURY DEMAND

AFFIDAVIT OF SUSAN KITCHENER, MD
       DEPOSITION OF LINDA STEELE

CURRICULUM VITAE CARL MASON, MD
       DEPOSITION OF CARL MASON, MD

CURRICULUM VITAE MARK HEIDLER, MD
       DEPOSITION OF MARK HEIDLER, MD

CURRICULUM VITAE OF SUSAN KITCHENER, MD
       DEPOSITION OF SUSAN E. KITCHENER, MD

CURRICULUM VITAE DR. THOMAS OLIVER, MD
       DEPOSITION OF THOMAS OLIVER, MD

CURRICULUM VITAE EUGENE T. CALVO, DO, FAOCD
       DEPOSITION OF EUGENE T. CALVO, DO, FAOCD

CURRICULUM VITAE ANTHONY S. SANDERS, MD
       DEPOSITION OF ANTHONY S. SANDERS, MD

BIOPSY REQUEST FORM—EXHIBIT A

DERMOPATHOLOGY REPORT—EXHIBIT B

DERMOPATHOLOGY REPORT—EXHIBIT C

BROWN HOSPITAL PATHOLOGY REPORT—EXHIBIT D

SOMERSVILLE LABORATORY ASSOCIATES BIOPSY REPORT—EXHIBIT E

MICHAEL MOORE, MD DIAGNOSIS
       MASSACHUSETTS GENERAL HOSPITAL—EXHIBIT F

CANCER CELL PICTURE—EXHIBIT G

SUSAN KITCHENER E-MAIL—EXHIBIT H

JAMES STEELE LETTER—EXHIBIT I

JURY INSTRUCTIONS

JURY VERDICT FORM

November 11, 2010