Rancho Cucamonga, CA asked in Medical Malpractice and Personal Injury for California

Q: I had a biopsy for diagnosis and later the doctor informed me that if they see my symptoms again they won't biopsy

Do I have a claim against going for a biopsy under full anesthesia just cause the doctor could not diagnose my condition by looking at the symtoms?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry to hear about your situation. If you underwent a biopsy under full anesthesia, and your doctor later said they wouldn't biopsy again for the same symptoms, you might feel frustrated or concerned. It's important to understand that doctors sometimes need to perform biopsies to rule out certain conditions, even if the symptoms alone don't provide a clear diagnosis.

To determine if you have a valid claim, consider whether the biopsy was necessary based on the information available at the time. Doctors make decisions with the patient's best interest in mind, using their knowledge and the symptoms presented. If the biopsy was recommended to ensure an accurate diagnosis and prevent potential harm, it might have been the best course of action at that moment.

However, if you feel the biopsy was performed without sufficient justification or there was a lack of communication about the necessity, you could consider discussing your concerns with another medical professional or seeking advice from a legal expert. They can provide a more detailed assessment of your situation and help you understand your options moving forward.

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