Davis v. Reid

The doctor's response that the plaintiff should concentrate on getting well and that they would address her concerns that he delayed treatment for her breast cancer at a later date was not an admission by silence.

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Karen Davis filed a medical malpractice action against Dr. William Reid and The Surgery Clinic, PC1 contending that Dr. Reid was professionally negligent in failing to diagnose her breast cancer. Davis died during the pendency of the suit, and Gary Davis, her brother as the administrator of her estate, was substituted as the plaintiff. The case was tried before a jury, who rendered a verdict for Dr. Reid. Plaintiff appeals, challenging certain evidentiary rulings by the trial court. Karen Davis’s deposition was videotaped prior to her death, and played for the jury at trial. Davis testified that she first sought treatment from Dr. Reid in 1984 after being diagnosed with cancer in her left breast. Dr. Reid performed a breast-sparing lumpectomy to remove the cancerous lump and also removed Davis’s lymph nodes under her left arm. Additionally, Davis underwent radiation treatments on the left side of her chest following surgery. Over the years, Davis continued to see Reid for regular checks and performed self breast exams each month.

Davis testified during her six-month check-up on June 7, 1996, she pointed out to Dr. Reid what she described as a red raised bump, which was about the size of a pencil eraser and in the 9:00 to 10:00 o’clock position on her left breast. Davis testified that Dr. Reid told her it was a skin cyst and that it would go away if she would leave it alone. Davis testified she went in for her annual mammogram in July, 1996, and she showed the technician the bump because she wanted the radiologist to be aware of it. Because of questions raised by the first mammogram, she was scheduled for a second “cone down magnification” mammogram, which would allow the breast tissue to be seen a little better. The results of that mammogram indicated “microcalcifications” which were believed to be benign. However, Dr. Newton, Davis’s gynecologist, recommended that Davis return for a mammogram in six months instead of a year.

Davis v. Reid

The doctor's response that the plaintiff should concentrate on getting well and that they would address her concerns that he delayed treatment for her breast cancer at a later date was not an admission by silence.

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