Legal Question in Medical Malpractice in California
I recently visited a dermatology clinic and had a skin lesion removed and sent in for biopsy. I paid out of pocket for all of these services (the clinic didn't accept my insurance). I was told that I would be given the biopsy results in 5 days. 14 days went by and received no response, so I called the office for my results. The nurse blurted out general results that sounded a little suspicious....in other words she told me the condition of the lesion but not exact medical terminology that a biopsy should reveal. I was suspicious that she was reading the diagnosis, not the lab results. I then requested that the biopsy results be mailed to me. I was promised it be sent to my mailing address...then another two weeks went by with no paperwork. Two days ago I called the office manager and complained about my experience. He said he would be getting back to me. It has been 48 hours and he hasn't responded.
I am very suspicious that the dermatology office NEVER sent in my specimen for biopsy and/or my information was somehow mishandled. The skin condition that I was diagnosed is serious issue too (it might be a contagious skin disease).
My question is this. If the dermatology office has failed to conduct a lab biopsy (that I paid up front for) and lied about it...do I have negligence case?
1 Answer from Attorneys
Yes, and maybe a fraud case also.