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Michael Gunzburg, P.C. New York City Personal Injury Lawyer
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New York City Biopsy Error Lawyer

When you feel sick, experience unexplained symptoms, or feel an unusual growth, you likely go to the doctor to determine the cause. Symptoms such as a swollen abdomen, frequent urination, and upset stomach can indicate a number of conditions, from an everyday ailment to deadly conditions such as cancer. In these instances, doctors may take a biopsy to learn more about the cause of your symptoms and to diagnose a condition.

As in any other area of medicine, though, mistakes can happen. In the case of biopsies, the most common error is a failure to perform one. Below, our New York City biopsy error lawyer explains more about your legal recourse if you suffered additional harm due to medical negligence.

What is a Biopsy?

Image testing is sometimes done to identify unusual lump, bumps, and other masses in the body. These tests alone, however, cannot detect whether cells are cancerous or not. The majority of cancers cannot be detected unless a biopsy is performed. A biopsy involves taking a tissue sample from the body. The tissues are then sent to a lab, where they are analyzed. While biopsies are largely used to determine if a person has cancer, they do have other medical uses, as well. Biopsies can also detect Hansens’s disease, cirrhosis, and celiac disease.

Biopsies are very important to not only identify cancer, but also to determine if it has spread to other parts of the body. After cancer has spread, it can affect other organs that are more difficult to treat. A biopsy can also determine the progression of cancer, as well as the best treatment options that will help stop the spread.

How to Prove a Biopsy Error

When a doctor fails to order a biopsy in a timely manner, it can cause diseases such as cancer progressing and spreading to other parts of the body. Many times, a simple biopsy can prevent this from occurring, but doctors must order one.

If you believe that you have suffered harm due to a failure to perform a biopsy, you may be entitled to compensation. To determine if you are eligible, you must be able to prove the following elements of your case:

  • A doctor owed you a duty of care as their patient,
  • The doctor failed to order or perform a biopsy,
  • The failure of performing a biopsy caused you harm, and
  • You suffered actual damages as a result.

When proving that a failure to perform a biopsy was medical malpractice, you must also show that another medical professional in the same field would have acted differently. In New York, this means obtaining a certificate of merit from a medical professional stating that they would have ordered or performed a biopsy.

Our Biopsy Error Lawyer in New York City Can Prove Your Case

If you have a legal action based on a failure to perform a biopsy, do not go through the process alone. At Michael Gunzburg, P.C., our New York City biopsy error lawyer can advise on the evidence needed and help you obtain it so you can prove your case and receive the full settlement you deserve. Call us today at 212-725-8500 or chat with us online to schedule a consultation and to get the legal help you need.

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