Kim Tutt v. Robert B. Wells and Pathology Associates by Christina

Duty Owed

charshbarger57696 — 2016-01-28 20:39:09 UTC

The duty owed by the doctor to Tutt was to provide as much care as possible. They owed to her to make her as healthy, emotionally and physically, as they could.

What happened?

sdominguez59370 — 2016-01-28 20:39:37 UTC

In this case, Kim Tutt was told that she had cancer in her right jaw. She was a 34 year-old healthy women. She was told that she had six months to live. The doctors said that she might be able to live 3 more months if she had surgery. She later went into a 12 hour surgery, replacing part of her jaw with her Fibula from her leg. Surgery was completed in July. In October, the doctor called her saying that her original biopsy was cross contaminated and that she probably never had surgery. Her face was disfigured and had 4 reconstruction surgeries. she was still missing 9 teeth and had trouble chewing. She later then sued Robert B. Wells and Pathology Associates.

Defendant & Plaintiff

sdominguez59370 — 2016-01-28 20:48:53 UTC

The plaintiff of this case is Robert B. Wells and Pathology Associates. The defendant is Kim Tutt. The RBWPA disfigured Kim Tutts face before they realized she never had cancer to begin with. This case was filed on Feburary 11, 2003 in Texas.

Causation - Cause in Fact

charshbarger57696 — 2016-02-01 20:17:49 UTC

If the doctors never misdiagnosed Tutt, she never would have had to say goodbye to her family, and wouldn't have to go through the surgery.

Causation - Proximate Cause

charshbarger57696 — 2016-02-01 20:20:05 UTC

The doctors should have been able to properly diagnose her so that she wouldn't have to go through the surgery.

Damages awarded

sdominguez59370 — 2016-02-01 20:29:53 UTC

Kim Tutt received $250,000 due to the damages. We do think that the ruling was fair because they had a misdiagnosis. Cancer is a real big thing, it is a life threatening condition.

Christina Harshbarger & Sophia Dominguez

sdominguez59370 — 2016-02-01 20:37:50 UTC