Doctor prevails in malpractice case, but was it frivolous to begin with?

It was a case of a bronchoscopy for hemoptysis. The patient apparently consented to the procedure, but not the subsequent biopsy that occurred (which is normally routine in these procedures). A damned if you do or don’t situation. What if a suspicious lesion was found, but wasn’t biopsed? Surely the doctor would have been sued anyways for missing a potential cancer.

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