Legal Question in Medical Malpractice in California

I received a phone call from my doctor stating that the diagnostic clinic who did a breast biopsy on me has determined that I have breast cancer. The next day I went to work distraught and terrified. A few hours into my work day I received another phone call from the diagnostic clinic telling me I needed to come in for an emergency breast MRI. I left work and went to the clinic to have the MRI I was sedated and went through the procedure which seemed like an eternity but lasted about 2hrs. I went home after the procedure and 6hrs later I received another phone call from the clinic and they proceeded to tell me they were very sorry but they mixed my test results up with someone else and my lump was not cancerous. Do I have a lawsuit?


Asked on 12/01/09, 10:36 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I would be thrilled with the good news. I also might suggest you go elsewhere next time you take the test.

You certain suffered emotional distress because of someone's negligence -- the lab's or the doctors' office. Pinning a price-tag on it is a difficult thing, however. You might make an appointment with a personal injury attorney in your area to see if, in the attorney's mind, it's worth pursuing.

P.S. I hope the clinic didn't charge you for the second examination.

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Answered on 12/07/09, 4:16 pm


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