Woman sues claiming faulty medical reading resulted in hysterectomy

Kyle Barnett Feb. 6, 2012, 4:49pm


NEW ORLEANS – A Jefferson Parish woman is suing a pathology service for misreading her medical test results.

Diana S. Noveck and her husband Ben Noveck filed suit on Jan. 20 in the Orleans Parish Civil District Court against Consultant Pathology Services, its insurer and medical professionals employed there.

Noveck claims a pap smear test read at the facility was misread by employees who returned results that were within the normal limit of having possibly cancerous cells.

The plaintiff alleges that a follow-up pap smear 15 months later showed she had cervical cancer. After undergoing a hysterectomy, Noveck was informed her earlier results had been misread and that she actually should have pursued treatment much earlier.

The defendants are alleged to have misread the test results and that they instead should have notified her 15 months earlier that she was at risk for contracting cancer.

An unspecified amount in damages is being sought for mental anguish, pain and suffering, medical expenses, loss of consortium, disability, loss of enjoyment of life, progression of cancer without treatment, inability to pursue better outcome, inability to pursue definitive treatment, inability to pursue less invasive treatment and for losing the ability to bear children.

Noveck is being represented by Michael J. Ecuyer of New Orleans-based Gainsburgh, Benjamin, David, Meunier and Warshauer.

The case has been assigned to Division C Judge Sidney H. Cates.

Case number 2012-00610

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