Today's medical technology such as the latest scanning devices and laboratory analysis can accomplish things that would have been impossible fifteen years ago. You would think that this would be a good thing for you the patient. Our firm, Sullivan Papain Block McGrath & Cannavo, P.C. , often hears complaints from doctors that because of the threat of litigation they have to practice "defensive medicine". They define that as ordering "unnecessary tests" to rule in or rule out a condition. To the extent that ordering these tests either confirms a doctor's initial suspicions or rules out an initial diagnosis so a doctor can start the proper course of therapy, we believe that such "defensive medicine" benefits, not harms the patients.

However, even tests can go wrong. You must make sure that the correct analysis has been done and the right test results returned. When a biopsy is done to rule in or rule out a cancerous condition you must make sure the test results is in actual fact, your own. Let us give you an example of a client we recently represented.

Mary (not her real name) went to have a biopsy done. The test results were positive for cancer and so Mary began radiation therapy to rid herself of the cancer. You would think that catching this cancer and treating it was a good thing – except that Mary did not have cancer! It turned out that the lab mixed up her biopsy with someone else's causing Mary to endure a severe course of treatment. As a result, Mary brought suit to recover money damages for what she went through.

The treatment for Mary's non-existent cancer was radiation. By being exposed to that amount of radiation, Mary – who didn't have cancer to begin with – has now significantly increased her chances because radiation can cause a cancer in the future.

However, that is not the end of the story. What happened to the woman whose biopsy got mixed up with Mary's biopsy and was told that she did not have cancer? Remember, what the medical profession says about early detection of cancer –the earlier you catch and treat it, the better your chances are. The other woman was eventually diagnosed and treated, but there was a delay in treating her.

The moral of our story? Make sure you get the right test results. Do not be afraid to ask to have it confirmed that it was done right and labeled correctly. You are the patient and you have rights.