Abstract View of Urban Scene and Skyscrapers
AV Preeminent
Justia Lawyer Rating
American Association for Justice

Failure to Perform Biopsy

Lawyers Representing Medical Malpractice Victims in Ocala

Health care providers perform biopsies in order to diagnose various conditions that necessitate close consideration of tissue to confirm or rule out cancer, as well as other diseases. When a biopsy is not performed, a condition like cancer may progress. This means that the cancer may spread to other parts of the body or another condition may worsen to the point where treatment is no longer likely to be successful. Survival rates for cancer are reduced if cancer is allowed to spread and progress to later stages. If your health care provider failed to perform a biopsy and you were harmed as a result, a skillful Ocala medical malpractice attorney can help you assess whether you have a viable claim for damages.


Often imaging tests are performed to identify abnormal masses. However, by itself, imaging cannot distinguish cancerous cells from noncancerous ones. For most cancers, a definitive diagnosis cannot be made without a biopsy. During a biopsy, a sample of tissue cells will be taken from your body and analyzed in a lab. Often biopsies are performed to determine whether a patient has cancer, but they can be used to diagnose other conditions as well.

Finding cancer in its early stages through a biopsy can be important when determining whether cancer has moved to other places in the body. Once is starts to spread, it might impact organs that are more challenging to treat. Biopsies can be used to figure out how much cancer has progressed and to decide what treatment options might be viable to restrict its spread. A biopsy may also be appropriate to diagnose conditions such as celiac disease, cirrhosis, or Hansen's disease.

There are different kinds of biopsies, including bone biopsies, liver biopsies, ultrasound guided biopsies, skin biopsies, and kidney biopsies. These are performed in different ways. For example, with a kidney biopsy, a needle is inserted into the back to obtain kidney tissue to diagnose a disorder of the kidney. However, for a skin biopsy, often a circular blade is used on the skin to take a sample for lab testing.

Failure to Perform a Biopsy

A health care provider's failure to perform a biopsy can result in a delayed diagnosis or a failure to diagnose, and consequently, progression and worsening of a medical condition such as cancer. In order to establish that a failure to perform a biopsy was medical malpractice, you will need to prove: (1) there was a doctor-patient relationship, (2) the health care provider defendant failed to abide by the professional standard of care in failing to perform a biopsy, (3) the failure to perform a biopsy caused harm, and (4) actual damages. If the failure to perform a biopsy didn't cause or contribute to the injuries you or a loved one suffered, there will be insufficient causation for a medical malpractice lawsuit to go forward. An attorney with experience handling medical negligence cases can help to assess whether the facts of your case may be able to meet the required elements of the claim.

You will need to retain an expert to testify about what the professional standard of care was under the circumstances. The expert will also need to provide testimony about whether the failure to perform a biopsy was a breach in the professional standard of care and that it caused injuries.

If you are able to establish liability, you may be able to recover compensatory damages. These are damages intended to put you back in the position you were in before the medical malpractice. They may include economic losses like medical bills, out-of-pocket costs, and lost wages. They may also include noneconomic losses like pain and suffering, loss of enjoyment, and loss of consortium.

Retain a Seasoned Medical Malpractice Attorney in Ocala

At the Dean Law Firm, our experienced lawyers have compassion for those who have been harmed by the negligence of healthcare providers. If you were injured or a loved one died because of a failure to perform a biopsy in or near Ocala, you may be able to recover damages in a medical malpractice lawsuit. We represent patients and the families of patients throughout Florida, including in Crystal River and The Villages, as well as Lake, Sumter, Marion, Levy and Citrus Counties. Call us at 352-387-8700 or contact us through our online form.