Can we sue a lab that gave the wrong test result, saying it was noncancerous when in fact it was cancer?
My husband had two spots on his skin tested for cancer in Nov. -08, one on his arm and one on his forehead in a very visible place. The one on the arm came back from the lab diagnosed as Basal Cell carcinoma, the other one came back as harmless. He had an operation and removed the Basal Cell. The other one did not go away. We became suspicious since it did not heal. He went back to the doctor's office. A nurse looked at it and he was told to wait a month. Then it had grown into an ugly growth and he went back to the doctor who now got suspicious and said it was good that he came. He did a biopsy and sent it off to the lab again. It now came back as Squamish Cell. So the lab had been wrong the first time!! A time was set for surgery three weeks later. The cancer now became extremly aggressive and grew VERY fast, was very sore and looked infected and very ugly. I called the doctor's office 3 times, explained that it looked very bad and had grown very fast and asked them to bring him in earlier. They would not let him come in any earlier than scheduled. When the surgery finally took place, it was approx. three months form the very first biopsy which came back as harmless. When the doctor now saw the growth, he decided to do Moh's surgery which was not planned. That I know, because I had called the office to find out how much the operation was going to cost, since we have a high deductable and have to pay that one out of pocket. I was told that the doctor had estimated it to a little under $1.000.00. The surgery left a hole of approxam. 1 1/2 inch in diam. and between 1/2 and 3/4 inch deep. It took 20 stiches on the outside and at least 5 on the inside. Lots of pain, time out, swelling in the face and a big scar with an indentation. Not to speak about the finances, $3.800.00 for the surgery alone and then additional costs, including the extra lab costs. We want to sue the lab. IF they had given us the right diagnosis from the beginning, it should have been a very minor little blemish to remove. Now it is a totally different story, which really upsets us! Our doctor informed us yesterday that he had talked to the person who diagnosed it. He had said that he made the right diagnose, but" it was printed wrong!! " How can they be so careless - playing with peoples' lives? What if it had been melanoma? And we don't know what this has done to my husband's body. The doctor said, that there is a possibility that it could have spread in his body, even if he didn't think so. We are VERY upset about this and our doctor totally understand our feelings.
Sincerely,
Anette and Eric Anders
