Legal Question in Medical Malpractice in California
Medical negligence possible?
I was DX with a very aggressive breast cancer last yr. I had to have a core biopsy of mass and it hurt so bad! The surgeon did it in his office with his nurse. I was in so much pain and it bled! My surgeon expressed at that time that it should NOT hurt and it shouldn't be bleeding like that. (What happened is he MISSED most the mass when he stuck me!)
During a core biopsy they usually take five samples. He took one on me because of the extreme pain I was in and the amount of bleeding. I was scared at that time and asked him what happened? He said he must of nicked a vessel or something and that the one sample would be enough. He looked worried.
But now over a yr later I find out from talking to other women on fourms that their core biopsy all were ''ultrasound guided''. That way the surgeon can't miss the mass. Well the thing is now just two days ago I found the orignal copy I must of signed the day of my core biopsy and it DOES say ''ultrasound guided core biospy''. I signed that and I did NOT have a ultrasound guided biopsy and I paid dearly for it in pain and blood. Plus a bad sample to path Dept. Is this negligence?
1 Answer from Attorneys
Re: Medical negligence possible?
It may be negligence, but if the biopsy came back positive and led to the diagnosis and treatment of the cancer, there is no significant injury. If it came back normal and resulted in a significant delay in diagnosis then there is a case worth looking at.
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