What to do if a pathology report wrongly stated that I had cancer?

UPDATED: May 21, 2013

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What to do if a pathology report wrongly stated that I had cancer?

After minor surgery the follow-up pathology said I never had cancer. The follow-up also sent their info to Stanford Pathology Consultants who agreed, never any cancer. I’m out of pocket my 8k deductible. The original pathologist says they’re right, follow ups wrong. They will not reimburse my deductible and will not let me know who their carrier is. Several lawyers I have contacted say my damages are too small for them to bother with. Do you know how I can find out who their carrier is?

Asked on May 21, 2013 under Malpractice Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no way to get the name of their insurer if they don't want to give it to you, unless you sued them--in a lawsuit, there are legal mechanisms to find it out. More to the point, even if you had the name of their insurer and sent them a claim or demand, the insurer is not legally obligated to pay you--they could conclude that their physicians did nothing wrong and refuse your claim. The only way to make the doctors or their insurer pay you is if you sue then and win in court. But since malpractice claims can be very expensive to bring, you would almost certainly spend far more on the lawsuit than you would recover.

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