Queens, NY asked in Consumer Law and Health Care Law for New York

Q: if no staff calls me back (b/c they are understaffed) to resched my biopsy can i sue?

after being referred for a thyroid ultrasound i am now told i need a biopsy, which i had scheduled. but i caught the flu, so i need to reschedule my biopsy. the problem is, i've called the department about 6-8 times at this point over the course of 3 days, no one picked up so i left bout 4 voice mails, and no one has gotten back to me. i can only assume they are severely understaffed, which seems to be a theme in healthcare in this austere society in 2024 America. if it turns out i have cancer, do i have a case to sue, considering cancer is a ticking time bomb which needs to be identified immediately, yet this offices response time is clearly delayed. i was also thinking a class action lawsuit might be in order knowing i am not the only one dealing with this issue.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for your ordeal in trying to schedule and re-schedule a biopsy. It doesn't look like a matter for a lawsuit. It looks more like what you describe - a busy office. This is my individual take on the matter - you could consult with law firms out there. Sometimes, different attorneys could see the same matter differently. I wish you the best and hope it does not turn out to be cancer, and that you are able to put the matter behind you. Good luck

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