Do we have a case againsta pathologist for an incorrect diagnosis that cost us precious time and money?

UPDATED: Feb 21, 2011

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Do we have a case againsta pathologist for an incorrect diagnosis that cost us precious time and money?

My husband was diagnosed with small cell lung cancer. He endured 6 chemo treatments; tests were done to check progress of chemo against the cancer; it came back with nothing changed. The doctorfound the a little strange and had his biopsy looked at again by someone different in the lab. Turns out, the initial diagnosis was wrong. My husband has non-small cell lung cancer which must be treated with very different meds. So 2 months of treatment that was hard on him and cost money that we don’t have. Now we are back at square one with new treatment. Pathologist cancelled bill but what about chemo bill? Should we speak with a medical malpractice attorney? In Polk County, TN.

Asked on February 21, 2011 under Malpractice Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Definitely speak to a medical malpractice attorney: a misdiagnosis is one of the classic things that gives rise to med mal claims. The issue will be whether the doctor, lab, etc. doing the initial diagnosis provided the level of care that is expected, or whether there was any carelessness or a failure of training, procedure, etc. The fact that an error was made does not, by itself, result in liability, but if there was negligence or some other failure to provide good enough care, it might; and a med mal attorney will be well-positioned to discuss the situation with you and evaluate your case. The chemo bill and other costs you've incurred are things you could recover for as well, as potentially for pain and suffering from uncecessary chemo. Good luck.

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