Yes, you may file a lawsuit against the laboratory and the cytotechnologist or pathologist who you believed negligently misread the pap smear. Our firm has litigated and continues to do so against these laboratories on a contingency basis. These type of cases are complex as the implicate a number of issues (e.g. personal jurisdiction, medical malpractice caps, etc..). I suggest immediately contacting a medical malpractice attorney to discuss your claim as the date of the misread and location will have a significant impact on the statute of limitations and where the claim should be filed.
I'm not entirely sure I understand the question, but I will try my best. If you are suggesting that a pap smear done a year ago was interpreted as negative when it should have been interpreted positive, and you have now been correctly diagnosed with a significantly worse prognosis, changing your chance of survival and affecting your treatment, then you may have a case. An experienced medical malpractice attorney would have the relevant materials reviewed by the appropriate medical specialists in order to properly advise you. Best wishes.
The easy answer is "Yes", but the more accurate answer is "maybe" The key question is: What harm was caused by the negligence of the lab and/or doctor? It is important to meet with doctors and experts early on. You should contact a lawyer that specializes in Medical Malpractice.
I think I understand what you are asking. If you obtain an abnormal result from the paps smear done this time and eventually a biopsy shows a condition which has been worsened or requires additional treatment or resulted in additional treatment you may have a viable claim. It is my great hope for you that this is not the case and that your repeat pap is either within normal limits or can be easily treated and that no permanent damages result. If you find out otherwise I would be happy to talk with you and review your claim if you are so incllined.
Sign up to receive a 3-part series of useful information and advice about personal injury law.