This content is provided for attorney education only. It does not constitute legal advice, an expert opinion, or a case-specific conclusion. Case-specific opinions require formal engagement and record review.

Many pathology-related cases already contain the seeds of a discordance finding before any expert is retained. An original biopsy report, an outside consultation that reached a different conclusion, an amended diagnosis, a second opinion that changed the staging — these are common facts in pathology cases. What is less common is counsel knowing early whether the discordance is material.

That is exactly what Diagnostic Discordance Review — the fourth domain of the Pathology Vulnerability Assessment — is designed to answer.

Scope Limitation — Read First

Sentinel does not independently review glass slides, render a diagnosis, or determine which pathology interpretation is correct. Diagnostic Discordance Review identifies whether the pathology record contains materially different diagnostic conclusions, classifies the significance of that discordance, and advises counsel whether it warrants pathologist review, targeted discovery, or additional record development. This is record analysis — not diagnostic adjudication.

What Is Diagnostic Discordance?

Diagnostic discordance exists when two or more pathology opinions — based on the same specimen or the same clinical episode — reach materially different diagnostic conclusions. It is not the same as a simple wording difference. Two reports can use different terminology and still be saying essentially the same thing. The question is whether the diagnostic conclusions are interchangeable — and if they are not, what that difference means.

Discordance arises in several common patterns:

Why It Matters Before You Retain an Expert

The instinct when confronted with two conflicting pathology reports is to retain a physician pathologist to determine which diagnosis is correct. That is sometimes the right next step — but it is not always the first step. Before committing to that expense, counsel benefits from knowing:

Those questions do not require a physician pathologist to answer. They require someone who can read the pathology record, understand what the reports say, recognize whether the conclusions are interchangeable, and advise counsel on what the discordance means procedurally and strategically. That is what Diagnostic Discordance Review delivers.

The Cost-Triage Value

A Screening PVA with Diagnostic Discordance Review costs $1,250. A physician pathologist retained to adjudicate which diagnosis is correct typically costs multiples of that — and may ultimately tell you the discordance is not material. Knowing whether to make that investment before making it is the practical value of the Discordance Review.

The Five Classification Levels

Not all discordance is equal. The PVA classifies discordance findings across five levels, each carrying a different implication for case strategy:

No discordance identified
All available pathology reports and opinions are materially consistent. Differences in wording, if any, do not change the essential diagnostic conclusion. No further discordance analysis is warranted.
Terminology variation only
Different terminology is used across reports, but the essential diagnostic conclusion is the same. The variation is not expected to materially affect case posture, treatment implications, or staging. Not a material discordance finding.
Potentially material discordance
Reports differ in a way that may be material to case posture or litigation strategy. The difference requires pathologist review to determine which interpretation is correct and what the implications are. Case development warrants this investment.
Material diagnostic discordance
Reports contain meaningfully different diagnostic conclusions that are not interchangeable. The discordance is likely to affect staging, treatment implications, causation analysis, or damages. Pathologist review is strongly recommended before proceeding with expert strategy.
Unresolved discordance
The existing record does not explain why the diagnosis changed or why the reports differ. Additional records, targeted discovery, or pathologist review is warranted to determine the basis for the discordance before counsel can assess its litigation significance.

What the Discordance Review Examines

The Diagnostic Discordance Review is a structured examination of the pathology record, not a microscopic re-evaluation. It addresses the following questions:

The Boundary That Protects Everyone

The scope limitation in Diagnostic Discordance Review is not a weakness — it is a feature. Sentinel identifies that two reports differ and explains why that difference may be significant. Sentinel does not say which pathologist was right. That determination is for a physician pathologist with the slides in hand.

What this means practically:

The distinction protects the integrity of the PVA, keeps Sentinel within the PA(ASCP) credential scope, and gives counsel a clean work product that leads to the right next step rather than overclaiming before the physician expert has weighed in.

Attorney Pitch Addition

Many pathology cases already involve an original report, an outside consultation, an amended diagnosis, or a second opinion. Before paying a physician pathologist to adjudicate which conclusion is correct, a Screening PVA can tell you whether the discordance is material — and what the pathologist should focus on when you do retain one.

What Discovery to Target

When a discordance finding warrants further development, the following records and discovery targets are typically relevant:

RW
Robert Weir, PA(ASCP)
Board-certified Pathologists' Assistant (PA(ASCP)) and founder of Sentinel Pathology Consulting, LLC. Robert brings 28 years of quaternary surgical pathology experience, 15 years as laboratory operations manager at two private surgical pathology laboratories, and a current academic role teaching gross surgical pathology to pathology residents.
Last updated: May 2026
Related Attorney Resources
What Is a Pathology Vulnerability Assessment? → The Pre-Analytical Phase: What Attorneys Need to Know → Diagnostic Discordance in Pathology → Request a Screening PVA →