Woman Who Had Both Breasts Removed After Biopsy Error Speaks On TV

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Main Category: Litigation / Medical Malpractice
Also Included In: Breast Cancer
Article Date: 04 Oct 2007 - 11:00 PDT

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A woman who had both breasts removed in error because of a biopsy result that was later found not to be hers, appeared on Good Morning America earlier today, Thursday, and talked about her story.

Darrie Eason, a 35 year old woman from Long Island, New York, had a double mastectomy after a tissue sample from a lab based in New York came back positive for breast cancer.

Doctors later told her she did not have breast cancer and "never did", she said on the TV programme. Apparently there was a "lab mixup".

The New York State health department reported that Eason's biopsy sample had been mislabelled at CBLPath Inc's laboratory in Rye Brook, said a report on ABC News earlier today.

Eason has filed a lawsuit against the laboratory, CBLPath, who are headquartered in Ocala, Florida, for an undisclosed sum, according the Associated Press.

William Curtis, CEO of the company, said that he could not discuss the case because of federal privacy laws.

He told the AP that the doctor who signed off on the lab test in question has since left the company but her departure is not linked to the case.

The technician who is alleged to be responsible for the error is said also to be no longer employed by the company.

A statement issued by the company and quoted by ABC News said that: "The New York State Department of Health found no systemic problems and no deficiencies were cited against the lab."

However, Eason's attorney, Steven Pegalis who also appeared on Good Morning America said they were hoping to learn whether this really was the act of a sole individual who had never made a mistake before or if it really was a system failure.

Pegalis doubted it was an isolated act by one person, "but we'll try to find out", he said on the TV programme.

Eason's tragic circumstances have heated up the debate about awarding damages for pain and suffering in proven medical malpractice cases in the US.

The current position is that compensation for pain and suffering, over and above expenses such as surgery and hospitalization, is decided by a judge or a jury and there is no ceiling on the amount they decide to award. Eason could get millions of dollars if her case is proven.

However, citing the spiralling upward costs of malpractice insurance, President George W Bush and various Republicans in Congress are proposing to cap the amount that a judge or jury can award over and above expenses for pain and suffering in such cases.

For example, a medical liability reform bill, S243, put forward earlier this year by Republican Senator John Ensign, proposed a maximum award of 750,000 dollars.

Click here for the full ABC News Report.

Written by: Catharine Paddock
Copyright: Medical News Today
Not to be reproduced without permission of Medical News Today