Breast cancer patient sues doctor for alleged improper biopsy that resulted in dealyed cancer diagnosis

GRETNA – A breast cancer patient is suing her doctor for allegedly taking a biopsy from the wrong part of her breast.

Tamberly Gray, and husband Walter, filed suit against Louisiana Medical Mutual Insurance Company and Penelope Treece M.D. in the 24th Judicial District Court on Dec. 12.

Gray alleges that Treece, her gynecologist, found a mass in her breast during an exam on Feb. 1, 2008 and that she was referred for a biopsy to determine if the mass was an indication of cancerous tumor. The plaintiff asserts that the plaintiff did a mammotone biopsy of her right breast and the results found no proof of cancer. However, Gray claims the needle was inserted in the proper spot in her breast and that six months later another mammography detected that the mass was cancerous which was later proven by another biopsy by a breast cancer specialist.

To treat the cancer Gray asserts she underwent aggressive chemotherapy, radiation, a mastectomy and a number of reconstructive surgeries that may have not been necessary had she had an earlier diagnosis.

The defendant is accused of medical malpractice.

An unspecified amount in damages is sought for physical pain and suffering, permanent disfigurement, mental pain and suffering, medical expenses and loss of enjoyment of life.

Gray is represented by Thomas A. Gennusa II of Metairie-based Genussa, Piacun and Ruli.

The case has been assigned to Division O Judge Ross P. LaDart.

Case no. 733-769.