Errors in Genetic Testing
Genetic testing has become a valuable tool in diagnosing, treating, and preventing disease. Establishing a high genetic risk for certain diseases gives patients time to take preventive measures to avoid prolonged suffering. There is a risk in defensive medicine that patients may receive treatment that they do not really need. This risk is magnified when patients are given inaccurate information about the state of their health.
This was the case for a young mother in Gold Beach, Oregon. The patient, 36, underwent genetic testing for certain types of cancers during an annual visit. She had a family history of cancer and had decided to get tested for BCRA 1 and BCRA 2 gene mutations. The nurse practitioner who read the results had told her that the test revealed a MLH1 mutation and Lynch syndrome, which increases the risk of several types of cancer. This amounted to a 50 percent chance of developing breast cancer and an 80 percent chance of developing uterine cancer.
Patient Underwent Multiple Unneeded Surgeries
In late 2016, at the nurse practitioner’s recommendation, the woman had a total hysterectomy, followed by a prophylactic bilateral nipple sparing mastectomy. She also received replacement breast implants during the mastectomy, which caused several complications and required at least 10 additional procedures to correct. It was later revealed that the nurse practitioner had misinterpreted the results of the test. Neither of the surgeons independently verified the results of the tests before proceeding with the operations. The medical mistake was discovered when the patient was going through old paperwork and read the results herself.
Lawsuit Alleges Negligence
The patient is pursuing a lawsuit against the Curry County Health District and members of her medical team for damages in the amount of $1.8 million. The misread results led to a prolonged ordeal involving numerous surgeries to remove her reproductive organs. There were numerous opportunities for someone on the team to catch the error and put a halt to the unnecessary treatments.
Medical errors can be avoided by obtaining a second opinion. Patients should be able to trust their physicians, but consulting another physician can help give patients and doctors a fresh take on the situation and consider other alternatives. Doctors should be open to this and provide all information the other physician will need to make an informed recommendation. Even if the second physician agrees with the treatment decision already discussed, having a second set of eyes on the patient’s records can help catch mistakes that may have devastating effects.
New Jersey Medical Malpractice Lawyers at Eichen Crutchlow Zaslow, LLP Advocate for Victims of Medical Error
If you or a loved one has suffered from a diagnostic error, call the New Jersey medical malpractice lawyers at Eichen Crutchlow Zaslow, LLP. Our knowledgeable, experienced lawyers will thoroughly review the facts of your case to determine who is responsible for the error and resulting damage, and hold those parties accountable. Call us today at 732-777-0100 or contact us online for a free consultation.
Eichen Crutchlow Zaslow, LLP has purposely remained small in size, because it is important to us that we get to know our clients and their needs. Larger NJ injury firms may churn out case after case, but that’s not how we operate. Partners Barry Eichen, William Crutchlow, and Daryl Zaslow have created a firm with the resources to handle complex litigation, and a team that takes your case personally.
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