I don't think you have a financially viable medical malpractice case, because I think the analysis is that you had necessary surgery, that was rendered pointless by loss of the pathology specimen. I would not be satisfied with the doctor's after the fact conclusion that you "probably" don't have cancer when they justified a surgical procedure on the pretense that you might a couple of weeks before.
If you don't have a follow-up D&C to test for cancer, and you are diagnosed with cancer later on, then you would obviously have a medical malpractice case, but don't wait for that to happen. Request your records from your current OBGYN, provide the records to another OBGYN, and get a second opinion.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Oct 22nd, 2012 at 6:40 PM