A man with impaired cardiac, respiratory and cognitive function was diagnosed as having a benign brain tumor. This was a tumor that — in most cases — could have been safely removed by a neurosurgeon. A neurosurgeon, known here only as Dr. Roe, performed the surgery to extract the tumor. However, Dr. Roe was unable to remove the mass during the surgery.
As a result of a failure to remove the tumor, the patient suffered vision loss and balance problems after the procedure. He died of unrelated causes 22 months later.
His family sued Dr. Roe and the clinic where Dr. Roe worked, claiming that Dr. Roe chose not to follow an accepted approach in the surgery to remove the tumor.