Burns v Skin and Laser Surgery

When a medical provider incorrectly labels a cancerous lesion as “benign,” the consequences can be devastating. In Burns v. Skin & Laser Surgery Center of PA, the Pennsylvania Superior Court addressed exactly that situation. The patient, William Burns, was initially told his cheek lesion was likely a harmless lipoma. Two years later, he learned it was an aggressive soft-tissue cancer—requiring surgery, radiation, and leaving him disfigured.

The plaintiffs argued that a referring dermatologist sent a fax recommending excision of the lesion—information they believed the surgeon should have acted upon. However, the trial judge ultimately excluded that fax from evidence after initially suggesting it would be allowed. The jury found in favor of the surgeon, concluding he had not breached the standard of care.

On appeal, the plaintiffs claimed the judge “reversed” his earlier ruling, prejudicing their case. But the Superior Court held that the plaintiffs had waived the issue because they never asked for a mistrial at the moment the problem arose—a procedural requirement in Pennsylvania medical malpractice appeals.

Why This Case Matters for Patients

This decision highlights a critical truth: medical negligence cases are won and lost on expert evidence, rigorous trial preparation, and strict adherence to Pennsylvania’s procedural rules. Even strong facts can become difficult to prove if evidence is excluded or if objections are not preserved properly.

If you believe a doctor failed to diagnose your cancer—or any serious medical condition—it’s essential to work with attorneys who understand both the medicine and the courtroom strategy required for success.

Injured by a Misdiagnosis in Pennsylvania? We Can Help.

If you or a loved one suffered harm because a doctor failed to diagnose cancer or another serious condition, Medina | Morgan is here to fight for you. Our Philadelphia-based medical malpractice attorneys handle complex diagnostic-error cases throughout Pennsylvania, New Jersey, and beyond through our relationships with other attorneys.

Call Medina | Morgan today for a free, confidential case evaluation.
Your recovery—and your justice—start with the right legal team.