As attorneys handling failure-to-diagnose skin cancer cases, we have seen the devastating effects of delayed melanoma diagnoses. While medical technology continues to evolve, the legal system often lags behind in addressing how emerging tools should be integrated into standard care. A recent study exploring the use of 3D total-body photography in early melanoma detection raises critical questions about whether current practices are truly meeting the standard of care, especially for high-risk patients.
A New Frontier in Dermatology
3D total-body photography is a powerful diagnostic tool that uses 92 cameras to capture a complete digital avatar of a patient’s skin. In the study, this technology was paired with tele-dermatology to monitor 315 high-risk patients over two years. Suspicious lesions identified on the 3D images were remotely reviewed by dermatologists and referred for further evaluation.
Notably, patients who received both 3D imaging and standard care had a higher rate of non-melanoma skin cancer detection compared to those receiving routine checks alone. While the number of melanomas detected did not significantly increase, the enhanced visibility of lesions through digital imaging resulted in more comprehensive reviews and interventions.
Missed Diagnoses and Legal Consequences
For attorneys focused on medical malpractice, the key takeaway is not just about the number of melanomas caught, but the opportunities to catch them earlier. We routinely see cases where patients present with suspicious skin lesions that go unmonitored or undiagnosed—sometimes for years. In many of these cases, early intervention with technologies like 3D imaging could have changed the course of the disease and saved lives.
The study also revealed a systemic limitation: 3D data was not integrated into the patient’s ongoing medical record or used by their treating physician to track changes over time. In malpractice litigation, this could be a critical point. If advanced diagnostic tools are available but not utilized—or worse, not communicated to the treating physician—questions of negligence and liability inevitably arise.
Technology Alone Isn’t Enough
One of the most compelling findings is that the benign-to-malignant excision ratio remained consistent between both groups. This suggests the technology enhanced surveillance without leading to a spike in unnecessary procedures—a common concern raised by skeptics of overdiagnosis.
But as lawyers, we must ask: If a tool exists that enables more thorough monitoring without increasing harm, why isn’t it a standard part of care, especially for patients at elevated risk?
The Path Forward—And the Risk of Falling Behind
To avoid future malpractice claims, medical providers need to proactively adapt to evolving best practices. The failure to incorporate emerging technologies like 3D total-body photography into standard screening protocols—particularly for high-risk individuals—may soon be viewed not as a conservative choice, but a dangerous omission.
If your skin cancer diagnosis was delayed or mismanaged, and you believe better technology or follow-up could have made a difference, you may have grounds for a legal claim.
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If you or a loved one suffered due to a delayed or missed skin cancer diagnosis, speak with an attorney who understands both the medicine and the law. Our cancer misdiagnosis lawyers have extensive experience handling complex medical malpractice cases and will evaluate whether medical providers failed to meet the standard of care in your case.
Call us today at 212-943-1090 for a free consultation or fill out our online form. Your case deserves the attention it may have previously been denied.