What to do if a hospital lost my tissue sample?

UPDATED: Sep 13, 2012

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What to do if a hospital lost my tissue sample?

I went in for a removal of a colorectal mass removal at a hospital and the full tumor was sent for analization to the pathology lab. Upon further review we have found that the hospital lost the sample. It has the potential to be cancerous. And due to this, when it reoccurs, I will have to have an additional surgery to get a tissue sample where a normal treatment for this condition is a topical cream that keeps it from growing back. Do I have a case for medical negligence or malpractice against the hospital? I have documentation backing up all of this directly from the surgeon

Asked on September 13, 2012 under Malpractice Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

You may have a case down the road if it does grow back and is cancerous.  Right now you have no known damages.  Although you might not know for some time whether you have damages, the statute of limitations would not begin to run until you knew there was malpractice.

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