COVID-19 NOTICE: We are still working hard for you. We're available by phone, email, mail and/or videoconference. Call for a free consultation or questions at (410) 889-1850. Learn More »

American Board of Trial Advocates
Best Attorneys
Multi Million Dollar
Million Dollar
Maryland Association for Justice
Super Lawyers
Awards 2015
The American
Super Lawyers
Top 50 Woman - Maryland
SuperLawyers
Top 100 - Maryland

Failure to Perform a Biopsy

Attorneys Assisting Injured Clients in Baltimore

When a patient sees a doctor with troubling symptoms, doctors will often conduct a series of diagnostic tests to determine whether an illness or condition is present, which may include biopsies. When a doctor disregards a patient’s concerns or does not follow-up on concerning test results and fails to perform a biopsy, it can lead to the unchecked progression of a disease, ultimately causing grave harm. If you sustained damages due to a doctor’s failure to perform a biopsy, you could be owed significant compensation, and it is advisable to consult a lawyer about your potential claims. At Arfaa Law Group, our Baltimore medical malpractice attorneys are dedicated to helping those harmed by incompetent medical care in the pursuit of damages, and if we represent you, we will fight diligently to help you seek the best outcome possible.

Reasons for Performing Biopsies

Doctors often perform biopsies after visual examinations, x-rays, or MRIs reveal a tumor or mass that they believe may be cancer or precancerous. A biopsy allows a doctor to extract a portion of the suspicious tissue and analyze it to determine whether it is malignant or benign. Biopsies are often performed on skin, breast, kidney, bone, and liver tissue. If a doctor fails to conduct a biopsy though, cancer may go detected, spread throughout the body and lead to a delayed diagnosis. This can lead to a poor prognosis and limit a patient’s treatment options. Biopsies are used to diagnose other conditions as well, like kidney disease, male infertility, celiac disease, and autoimmune disorders. Thus, they are critical to identifying and treating a variety of illnesses.

Seeking Compensation for a Doctor’s Failure to Perform a Biopsy

A doctor that fails to provide a patient with thorough care may be liable for medical malpractice. In Maryland, a plaintiff in a malpractice case will generally assert a negligence claim against the defendant doctor. To prove medical negligence, a plaintiff must first demonstrate that the defendant had a duty to provide the plaintiff with treatment commensurate with the standard of care, which is the care that a reasonable doctor practicing in the same specialty would provide in a similar scenario.

The plaintiff then has to show that the defendant departed from the standard of care. In other words, if the standard requires that a doctor perform a biopsy on an individual after a mammogram indicates a mass, and the defendant failed to do so, it may constitute a breach of the standard. Generally, establishing the standard of care and the manner in which it was breached requires the expert testimony of a doctor that practices in the same area as the defendant. Last, the plaintiff has to prove that the defendant’s breach proximately caused the plaintiff’s harm. This means that the plaintiff must produce evidence establishing that if the defendant performed the biopsy, the plaintiff would not have been injured, which usually requires expert testimony as well.

Damages in Medical Malpractice Cases

A plaintiff that adequately demonstrates that a defendant committed malpractice may be granted damages for the cost of any past medical treatment as well as treatment that will be needed in the future. If the plaintiff could not work because of the injuries caused by the defendant’s negligence, a judge or jury may award compensation for lost wages and loss of future earnings as well. In many instances, the plaintiff will also be awarded a significant sum for the pain, suffering, and mental trauma caused by the defendant’s acts.

Meet with a Seasoned Lawyer in Baltimore

Biopsies are often a critical step to obtaining an accurate diagnosis, and doctors that fail to perform them may unwittingly cause their patients to suffer grave harm. If you suffered losses due to a physician’s careless failure to perform a biopsy, it is wise to speak to a lawyer about your rights. The attorneys of Arfaa Law Group possess the resources and knowledge needed to prove negligent doctors should be held accountable for the harm they cause, and we can help you seek a just result. We regularly represent people harmed by medical malpractice in Baltimore, where we have an office. You can contact us via our form online or at (410) 889-1850 to schedule a conference.