Botched Biopsy Results In Medical Negligence Claim – Taylor & Scott

Recently, our medical negligence team led by Simon Meigan, Partner and Accredited Specialist in Personal Injury, secured a substantial settlement for a female client who consulted her doctor complaining of vulval irritation and pain.

Having consulted her GP, she was referred to a specialist Gynaecologist for treatment. She attended the specialist and underwent an examination. The specialist then advised that she believed our client was suffering from lichens scoliosis. In order to verify this preliminary diagnosis, the specialist advised that our client would need a biopsy. The biopsy would be like a tiny hole punch, that is, a very small piece of tissue would be needed. The specialist arranged for our client to undergo the procedure at a hospital under general anaesthetic. The biopsy was duly performed by the specialist. After the biopsy, our client experienced severe pain. She returned to see the specialist, complaining that she did not seem to be healing and was in severe pain. Unfortunately, the specialist dismissed her complaints and advised her that there was nothing more that she could do and sent her back to her GP. Our client put up with her pain but eventually sought a second opinion from another Obstetrician and Gynaecologist at a private hospital. Following examination by the second specialist, this specialist observed a large defect at the site of the “excisional biopsy”. This specialist had a deal of sympathy for his patient. He explained to her that the biopsy had been poorly performed. Instead of taking a minimal amount of tissue, the original specialist had taken an excessive amount which in turn was totally inappropriate. He told her that for a diagnostic biopsy, the procedure should have been a very small punch biopsy performed in an outpatient setting under local anaesthetic, not in a hospital under general anaesthetic.

Being in continual pain and totally devastated by the treatment she had received, which appeared to have been inappropriate, unnecessary, non-therapeutic and had directly caused her harm, she turned to the experts in medical negligence claims here at Taylor & Scott Medical Negligence Lawyers.


Simon Meigan, Partner, Accredited Specialist in Personal Injury and an expert in medical negligence claims, offered his client a face to face free case assessment where he carefully noted all the facts and circumstances of his client’s medical history. He then explained in great detail to her just what the law requires in order to prove a medical negligence case against a doctor here in NSW. Simon then agreed to act for his client in investigating a medical negligence claim. He offered Taylor & Scott’s no-win/no-pay fee agreement which, simply put, means that Taylor & Scott do not require our clients to pay any costs unless and until they win their case. 

In investigating the case, Simon secured the services of a Consultant Gynaecologist. This expert opined that the original treating doctor’s treatment of our client did not reflect a good understanding of her condition and how to manage that condition properly. He also was critical of the actual biopsy. His expert opinion was that a hole punch biopsy under local anaesthetic should have been performed as an outpatient. This specialist was also extremely critical of the amount of tissue that had been removed in this biopsy.

Because Simon’s client was suffering emotionally as a result of her treatment, Simon also retained the services of a Consultant Psychiatrist to examine and report. He concluded that his client had a diminished self-concept and had lost confidence. The quality of her life had been adversely affected. She continued to suffer from a loss of self-esteem. She had impaired concentration and some short term memory problems depending on her anxiety level. Because of our client’s ongoing physical pain and problems, she is unable to wear tight clothing such as gym wear which has precluded her from continuing the vigorous exercises she enjoyed such as running and boot camp.


Having launched the claim in the court and serving all the supporting evidence, Simon was able to arrange a settlement conference. We are pleased to report that Simon secured a very satisfactory settlement for his client of her medical negligence claim.


If you, a member of your family, friend or acquaintance, has suffered at the hands of a treating provider such as a doctor, specialist or hospital, you are welcome to contact our team of medical negligence experts. We will offer you a free face to face case assessment. If we believe you have a claim, we will offer our no-win/no-pay cost agreement meaning you don’t pay Taylor & Scott any costs whatsoever unless and until you have won your case.

Please ring Taylor & Scott Medical Negligence Lawyers on 1800 600 664 or email us at   

Our lawyers are experts. They bring with them experience, compassion and understanding. We will do everything we can to ensure that you receive maximum compensation for the injuries that you have suffered. 


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