Sorry to hear about your situation. You need to contact a local personal injury attorney ASAP. Your strongest case will be against the lab, because your doctor’s advice was based in the lab results.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
You may have a good case but there are some things that need to be investigated. Distilled down to its most basic form, your claim is that the pathologist that examined your endometrial biopsy "got it wrong" and saw cancer when there was actually no cancer. At first blush, this seems like an easy binary question; it's either wrong or its not. It's a bit more complicated. See, discerning whether malignant cancer cells exist in a biopsy is not always clear-cut. There is some judgment that occasionally comes into play. Essentially, you're examining the shape of the cells under a microscope.
Keep in mind that in a malpractice case, a plaintiff doesn't win just because a bad result occurred. you must prove that the bad result was caused by a physician failing to comply with the "standard of care." When subjective judgment comes into play, it can be hard for a plaintiff to second-guess the judgment call because the standard of care becomes muddy & hard to define.
My recommendation is that you find an experienced medical negligence attorney in Columbus. Use avvo or google. Get your medical records and specifically the biopsy slides from the pathologist's office. They will have been preserved. Your attorney will need to have the slides re-examined by an oncology pathologist. If the cancer is easy seen, then its a case. If it was a subtle diagnosis, you may not have a case. And by the way the reason I have omitted any discussion of your surgeon/OB Gyn is because this physician will get to rely on the pathologist's interpretation of the biopsy. If they were told it was cancer, then removing your organs was reasonable & likely complied with the standard of care.
Assuming your endometrial biopsy was improperly interpreted, the pathologist would be liable for your injuries and damages. Whether or not the pathology slides were improperly intrepreted would need to be verified by a medical specialist expert in pathology. It is possible that the initial interpretation was equivocal as to the presence of cancer, and the fault may lay with your surgeon for failing to advise you of the ambiguity and not allowing you to decide whether to have another tissue sample read, or decline this major surgery in the absence of clear evidence of cancer. I would be happy to speak with you concerning this matter to determine if we can be of any assistance to you. Feel free to call my office and ask to speak with me or one of my staff nurses, so we can get the necessary information to allow us to determine whether we can help you. Gerry Leeseberg 614.221.2223
Your claim is certainly worth investigating. Feel free to call me at 614-224-8187.
Tim Van Eman, Esq..
Please note: A response to a question on AVVO does not constitute an attorney client relationship.
It would appear you have a good malpractice case. You are getting good responses from other lawyers, some of whom practice in this area and some who do not. I suggest you visit our website at DONAHEYLAW.COM and see how our 40+ years in representing medical malpractice victims might work for you. Good luck.
This is a medical malpractice claim. You need to hire a lawyer immediately. The Statute of Limitations is one (1) year from the date of the Malpractice (incident; i.e. surgery to remove organs), or more likely, the date you found out all the organs were healthy and a mistake was made. I would be happy to assist you in this matter, if the Statute of Limitations has not yet expired. However, time is of the essence. You need to call my office immediately or email me to discuss this matter in further detail. A lot of work needs to be done immediately to protect your legal rights and interests. All of your medical records need to be obtained immediately. We also need to know if the initial biopsy specimen sent to the lab is still available/preserved for further testing by our own expert. Call me immediately if you would like my help @ 330.725.3636 Office or 330.421.0375 mobile.
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