Legal Question in Medical Malpractice in Pennsylvania

Pathology findings

I had surgery for the removal of endometriosis Sept. of '06. The doctor said in his written report that he removed a removed a cyst from my left ovary. He also stated he sent it to Pathology for testing. In August of this year, I went to a fertility specialist for a 2nd opinion (I was not happy w/ the 1st dr.'s treatment plan for the endometriosis). The fertility specialist was interested in the results of the pathology report (my father's mother had ovarian cancer) but could not locate the results in my file. Afer further investigation he found that no specimen was ever submitted to pathology for testing. My fear is that the cyst was possibly cancerous but I cannot know for sure b/c the doctor never sent it for testing. I'm not sure what my rights are or even if I have any. I feel it's deceitful to say a mass was submitted for testing when no testing was done. I can't even be sure the doctor removed anything. I think the doctor committed insurance fraud but stating and billing for pathology that was never submitted. Do I have any legal rights?


Asked on 9/06/06, 1:17 pm

1 Answer from Attorneys
Jerry Meyers Meyers Evans & Associates, LLC

Re: Pathology findings

Any tissue which is removed as the subject of a proceedure is to be sent to pathology. The fact that your physician could find no report doesn't mean there was no report. The surgeon's operative report will describe whether a biopsy was taken. In addition the circulating nurses record for the surgery will say whether a specimen was sent to patology.

I think we can at the very least help you to confirm what was done and whether a path spencimen was obtained.

I the specimen was taken but lost you will require careful monitoring.

Please email our office at [email protected] and provide your phone number so that we can obtain further facts which may assist us in determing whether we can be of help.

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Answered on 9/07/06, 11:22 am


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