A lab test is supposed to give you clarity. When it’s wrong, everything that follows shifts in the wrong direction. A delayed diagnosis, an unnecessary procedure, or treatment for a condition you never had can change your health, your finances, and your peace of mind in ways you never prepared for.
You are not expected to know whether the problem came from a mislabeled sample, a faulty machine, or a technician’s mistake. That is our role. We dig into the chain of events, review the records, consult experts, and pinpoint where the process broke down and who is responsible for the outcome you are now living with.
If you believe a lab error contributed to your injury or harmed someone in your family, we will help you understand your next steps.
Call Wapner Newman at (215) 569-0900 for a direct and confidential conversation.
Why Choose Wapner Newman for Your Medical Malpractice Claim?
For more than 40 years, Wapner Newman has represented families across the Delaware Valley. We built our firm on holding negligent parties accountable, with a deep focus on complex medical malpractice and catastrophic injury cases.
Our work has earned recognition from our peers. U.S. News & World Report and Best Law Firms® awarded our firm a Tier 1 Regional Ranking right here in Philadelphia for “Medical Malpractice Law – Plaintiffs.”
A Proven Record in High-Stakes Litigation
We have the resources and the resolve to take on large, well-funded institutions. Our firm was part of the legal team that secured the $227 million settlement in the Market Street building collapse—the largest personal injury settlement in Pennsylvania’s history. We also obtained a $45 million verdict for a victim of horrific abuse.
While these cases are different from a lab error claim, they show our ability to manage complicated evidence and stand up to powerful defendants. We know how to build a case that connects the dots for a jury, translating technical failures into the real-world harm you’ve experienced.
Your Philadelphia Neighbors
Our office is at 1628 John F Kennedy Blvd, Suite 800, in the heart of Center City. We are Philadelphians, just blocks from City Hall and the very medical institutions we sometimes have to hold accountable. When you work with us, we take the weight of the legal process off your shoulders so you can focus on your health and your family.
What Compensation Is Available for Lab Error Victims?
We pursue the maximum compensation available under the law to cover every aspect of your damages.
Economic Damages: The Paper Trail
These are the concrete, calculable costs that pile up after a lab error. We use bills, receipts, and pay stubs to document these expenses.
- Medical Bills: This covers the cost of the incorrect test, but more importantly, it covers the treatment you needed because of the mistake. This might include more aggressive cancer therapies, corrective surgeries, or extended hospital stays that could have been avoided.
- Future Medical Care: If a missed diagnosis means you now require lifelong treatment, we work with experts to project those future costs and demand that the responsible party cover them.
- Lost Wages and Earning Capacity: We seek full recovery for the income you lost during treatment. If the error left you with a permanent disability that impacts your ability to work, we also pursue compensation for the damage to your future earning potential.
Non-Economic Damages: The Human Cost
These damages are for the harms that don’t come with a price tag but are just as real. They address the personal impact of the lab’s mistake.
- Pain and Suffering: This accounts for the physical pain caused by delayed treatment or from enduring procedures you never should have had.
- Mental Anguish: This addresses the psychological toll—the anxiety of a false diagnosis or the knowledge that a treatable condition was allowed to progress.
- Loss of Enjoyment of Life: This compensates you for the inability to participate in hobbies, family events, and other activities that once defined your life.
In cases where a lab’s conduct was particularly reckless, such as knowingly using uncalibrated equipment to save money, punitive damages may be awarded to punish the defendant.
The Landscape of Medical Errors in Philadelphia
Philadelphia is a global destination for medicine. With world-class health systems like Penn Medicine, Jefferson Health, Temple Health, and CHOP, our city sees a massive volume of patients and diagnostic tests. With that volume comes the unavoidable statistical risk of mistakes.
Where Do These Mistakes Happen?
Lab errors can originate in different environments, each with unique pressures that might lead to a breakdown in protocol.
- Hospital Labs: These facilities, especially those tied to emergency rooms, operate under immense time pressure, where speed can sometimes compromise accuracy.
- Private Diagnostic Centers: National chains like LabCorp and Quest Diagnostics process an incredible number of tests from doctors’ offices across the region, creating more opportunities for mix-ups.
- Specialized Pathology Clinics: Biopsies are sent to these facilities to be analyzed by pathologists, often to check for cancer. A mistake here can have devastating consequences.
Many local clinics don’t process their own samples. They draw blood or take a tissue sample and send it to a third-party lab, adding another step where something can go wrong. A sample could be delayed in traffic on the Schuylkill Expressway or stored at the wrong temperature during transit, degrading its quality before it ever reaches a microscope and making the results worthless.
Understanding Lab Errors and Medical Malpractice
What Is a Lab Error?
Most lab mistakes fall into one of these categories:
- False Negatives: The test result comes back clean, indicating you’re healthy, when a disease is actually present. This gives a dangerous false sense of security and allows a condition like cancer to spread untreated.
- False Positives: The test result says you have a condition that you don’t. This can lead to tremendous anxiety and may cause you to undergo unnecessary and invasive treatments, like biopsies, surgeries, or chemotherapy.
- Sample Contamination or Mix-Up: If your sample is tainted with another substance or switched with another patient’s sample, the results are completely invalid and can lead to a disastrous misdiagnosis.
- Administrative and Clerical Errors: Sometimes the science is perfect, but a human error, like mislabeling a vial, a typo in data entry, or switching digits in a report, causes the damage.
The Legal Standard: Negligence vs. a Bad Outcome
Not every wrong result is malpractice. To win a claim, we must prove that the lab or its staff breached the standard of care. This is a legal concept that means the lab failed to act with the competence that a reasonable professional would have in the same situation. We work with medical experts to define that standard and pinpoint exactly how the lab fell short.
Often, the hospital that ordered the test is a separate company from the lab that processed it. This creates a question of who is responsible. Under a legal rule called vicarious liability, employers are typically responsible for their employees’ negligent acts. If the mistake happened at an independent lab, the hospital may try to blame them. We investigate these corporate relationships to identify every responsible party.
Pennsylvania law generally gives you two years to file a medical malpractice lawsuit. However, an important exception called the Discovery Rule frequently applies in lab error cases. You might not realize a test from 2023 was flawed until your condition worsens in 2025. The Discovery Rule can start the two-year clock from the date you discovered the mistake, or reasonably should have discovered it—not the date the test occurred.
What’s Happening Behind the Scenes? Common Causes of Lab Errors
A lab mistake is rarely a single, isolated event. It’s usually the result of a breakdown in a process that is supposed to have multiple checks and balances.
- Human Mix-Ups: A technician might mislabel a blood vial, grab the wrong patient file, or make a simple data entry typo that changes a result. These seem like small slips, but they have enormous consequences.
- Equipment Failures: Diagnostic machines require regular maintenance and calibration to produce accurate results. When a lab tries to cut costs by skipping these steps, or uses outdated technology, the equipment may produce flawed readings.
- Systemic Pressures: Labs are often high-volume businesses. When understaffed technicians are pressured to process samples too quickly, they may cut corners. Rushing through protocols is a recipe for error.
- Contamination and Degradation: Biological samples are sensitive. If they are stored improperly, exposed to the wrong temperatures during transport, or contaminated in the lab, they can break down and become useless for testing.
Dealing With Insurance and Corporate Legal Teams
When you file a claim, you’re not dealing with the technician who made the mistake. You’re up against a hospital system or a national laboratory chain and their insurance company. These entities have lawyers and adjusters whose job is to protect their business’s financial health.
An adjuster’s goal is to close your claim for the lowest possible amount, because every dollar they pay you is a dollar less for their company’s profits. They might offer a quick, lowball settlement before you even know the full extent of your injuries, hoping you’re worried enough about bills to accept it. Don’t fall for it.
They might also ask for a recorded statement or for broad access to your entire medical history. They aren’t looking for the truth; they are hunting for anything they can use to argue that a pre-existing condition is the real cause of your problems.
Frequently Asked Questions About Lab Error Claims
Can I sue if the lab error was fixed but I still had to get more tests?
A lawsuit requires you to prove you suffered measurable harm, or “damages.” If the mistake was caught immediately and the extra testing didn’t cause you physical injury or a significant financial loss (like missing weeks of work), a claim might be difficult to pursue. However, the mental anguish of a false diagnosis can sometimes be enough to warrant a claim.
Who is liable: my doctor who ordered the test or the lab that made the mistake?
It depends on where the failure happened. If the lab’s report was accurate but your doctor misinterpreted it, the doctor is likely at fault. If the report itself was wrong due to a testing error, the lab is the responsible party. In some cases, both might share some of the blame. We investigate the entire chain of custody and communication to pinpoint liability.
What if the lab that made the error is in another state?
Even if the lab is located in New Jersey or Delaware, if your sample was drawn in Philadelphia, we can almost always file the lawsuit here in Pennsylvania. The laws that govern jurisdiction are designed for situations like this, which is another reason why it’s helpful to work with a lawyer familiar with these specific issues.
How long will a lab error lawsuit take?
Medical malpractice cases are not quick. They require deep investigation, expert testimony, and careful preparation. Because of this, they frequently take several years to resolve. Our goal is always to secure the right outcome for you, not the fastest one.
Do I need the original tissue or blood sample to prove the mistake?
No, not always. While the sample is good evidence, its absence isn’t fatal to a case. In fact, if a lab fails to preserve a sample according to proper protocol, it can sometimes be used against them. This legal concept is called spoliation of evidence, and it can create a powerful inference that the missing evidence would have been unfavorable for the lab.
Don’t Pay the Price for a Preventable Medical Mistake
You don’t need to be certain a mistake happened to ask questions. Most people only know something feels off: the diagnosis doesn’t match the symptoms, the treatment isn’t working, or a second opinion raises new concerns. That uncertainty is enough to start looking for answers.
At Wapner Newman, we sort out the facts. We review the testing process, consult with medical experts, and examine whether the lab or diagnostic company followed the standards they were required to follow. You don’t have to figure that out on your own.
If you’re wondering whether a lab or diagnostic error played a part in your condition, call (215) 569-0900.