What can we do if a lab mixed up results?

UPDATED: Oct 1, 2022

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What can we do if a lab mixed up results?

My son who is 19 had a skin check done and the doctor shaved off one mole on his chest and we asked for another one to be removed on his neck because it stuck out and rubbed on his shirts. The lab results came back and said that one of the moles had atypical cells so they wanted to remove the rest of it. When we went to get the rest of it removed, they asked my son where on his neck was it because it healed and they could not find the spot. I said, why are they looking at that one when its the one on the chest that came back abnormal. The doctor said that it was the one on his neck and we went back and forth several times. I kept insisting that it was the one on the chest and finally, when I reminded him that the one on the neck wasn’t one that looked questionable and that we asked for it to be removed, he said,

Asked on July 19, 2019 under Malpractice Law, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Medical malpractice is negligence.
Although the lab was negligent, there is no case here because the doctor corrected the mistake, and your son was not injured. A negligence claim requires a compensable injury (damages) which did not occur in this case.

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