Photography as the Sole Means of Proof: Medical Liability in Dermatology
Malignant melanoma is a cutaneous malignancy resulting from the uncontrolled proliferation of melanocytes and poses a challenge diagnostically because neoplastic lesions can mimic benign lesions, which are much more common in the population. Doctors, when they suspect the presence of melanoma, arran...
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| Format: | Article |
| Language: | English |
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MDPI AG
2023-03-01
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| Series: | Diagnostics |
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| Online Access: | https://www.mdpi.com/2075-4418/13/6/1033 |
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| author | Maricla Marrone Cristina Caterino Gianluca Musci Gerardo Cazzato Giuseppe Ingravallo Carmelo Lupo Nadia Casatta Alessandra Stellacci Andrea Armenio |
| author_facet | Maricla Marrone Cristina Caterino Gianluca Musci Gerardo Cazzato Giuseppe Ingravallo Carmelo Lupo Nadia Casatta Alessandra Stellacci Andrea Armenio |
| author_sort | Maricla Marrone |
| collection | DOAJ |
| description | Malignant melanoma is a cutaneous malignancy resulting from the uncontrolled proliferation of melanocytes and poses a challenge diagnostically because neoplastic lesions can mimic benign lesions, which are much more common in the population. Doctors, when they suspect the presence of melanoma, arrange for its removal and the performance of a histological examination to ascertain its diagnosis; in cases where the dermatoscopic examination is indicative of benignity, however, after the lesion is removed, histological examination is not always performed, a very dangerous occurrence and a harbinger of further medico-legal problems. The authors present a court litigation case of an “alleged” failure to diagnose malignant melanoma in a patient who died of brain metastases from melanoma in the absence of a certain location of the primary tumor: the physician who had removed a benign lesion a few months earlier was sued, and only thanks to the presence of photographic documentation was the health care provider able to prove his extraneousness. The aim of this paper is to formulate a proposal for a dermatological protocol to be followed in cases of excisions of benign skin lesions with a twofold purpose: on the one hand, to be able to prove, in a judicial context, the right action on the part of the sanitarians; on the other hand, to avoid the rise of so-called “defensive medicine”. |
| first_indexed | 2024-03-11T06:42:23Z |
| format | Article |
| id | doaj.art-ff27b917c6204d8d9b0fef69216cce32 |
| institution | Directory Open Access Journal |
| issn | 2075-4418 |
| language | English |
| last_indexed | 2024-03-11T06:42:23Z |
| publishDate | 2023-03-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Diagnostics |
| spelling | doaj.art-ff27b917c6204d8d9b0fef69216cce322023-11-17T10:33:24ZengMDPI AGDiagnostics2075-44182023-03-01136103310.3390/diagnostics13061033Photography as the Sole Means of Proof: Medical Liability in DermatologyMaricla Marrone0Cristina Caterino1Gianluca Musci2Gerardo Cazzato3Giuseppe Ingravallo4Carmelo Lupo5Nadia Casatta6Alessandra Stellacci7Andrea Armenio8Section of Legal Medicine, Department of Interdisciplinary Medicine (DIM), University of Bari “Aldo Moro”, 70124 Bari, ItalySection of Legal Medicine, Department of Interdisciplinary Medicine (DIM), University of Bari “Aldo Moro”, 70124 Bari, ItalySection of Legal Medicine, Department of Interdisciplinary Medicine (DIM), University of Bari “Aldo Moro”, 70124 Bari, ItalySection of Molecular Pathology, Department of Precision and Regenerative Medicine and Ionian Area (DiMePRe-J), University of Bari “Aldo Moro”, 70124 Bari, ItalySection of Molecular Pathology, Department of Precision and Regenerative Medicine and Ionian Area (DiMePRe-J), University of Bari “Aldo Moro”, 70124 Bari, ItalyInnovation Department, Diapath S.p.A., Via Savoldini n.71, 24057 Martinengo, ItalyInnovation Department, Diapath S.p.A., Via Savoldini n.71, 24057 Martinengo, ItalySection of Legal Medicine, Department of Interdisciplinary Medicine (DIM), University of Bari “Aldo Moro”, 70124 Bari, ItalyPlastic Surgery Department, IRCCS Istituto Tumori “Giovanni Paolo II”, V.le O. Flacco, 65, 70124 Bari, ItalyMalignant melanoma is a cutaneous malignancy resulting from the uncontrolled proliferation of melanocytes and poses a challenge diagnostically because neoplastic lesions can mimic benign lesions, which are much more common in the population. Doctors, when they suspect the presence of melanoma, arrange for its removal and the performance of a histological examination to ascertain its diagnosis; in cases where the dermatoscopic examination is indicative of benignity, however, after the lesion is removed, histological examination is not always performed, a very dangerous occurrence and a harbinger of further medico-legal problems. The authors present a court litigation case of an “alleged” failure to diagnose malignant melanoma in a patient who died of brain metastases from melanoma in the absence of a certain location of the primary tumor: the physician who had removed a benign lesion a few months earlier was sued, and only thanks to the presence of photographic documentation was the health care provider able to prove his extraneousness. The aim of this paper is to formulate a proposal for a dermatological protocol to be followed in cases of excisions of benign skin lesions with a twofold purpose: on the one hand, to be able to prove, in a judicial context, the right action on the part of the sanitarians; on the other hand, to avoid the rise of so-called “defensive medicine”.https://www.mdpi.com/2075-4418/13/6/1033legal medicinemalignant melanomadefensive medicinehistopathologydermatology |
| spellingShingle | Maricla Marrone Cristina Caterino Gianluca Musci Gerardo Cazzato Giuseppe Ingravallo Carmelo Lupo Nadia Casatta Alessandra Stellacci Andrea Armenio Photography as the Sole Means of Proof: Medical Liability in Dermatology Diagnostics legal medicine malignant melanoma defensive medicine histopathology dermatology |
| title | Photography as the Sole Means of Proof: Medical Liability in Dermatology |
| title_full | Photography as the Sole Means of Proof: Medical Liability in Dermatology |
| title_fullStr | Photography as the Sole Means of Proof: Medical Liability in Dermatology |
| title_full_unstemmed | Photography as the Sole Means of Proof: Medical Liability in Dermatology |
| title_short | Photography as the Sole Means of Proof: Medical Liability in Dermatology |
| title_sort | photography as the sole means of proof medical liability in dermatology |
| topic | legal medicine malignant melanoma defensive medicine histopathology dermatology |
| url | https://www.mdpi.com/2075-4418/13/6/1033 |
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