After undergoing rounds of chemotherapy and surgery that removed 80 percent of his stomach, Graham Lord found out he never had stomach cancer.

The 59-year-old is now suing Australia’s Central Coast Local Health District, after he said a 2010 post-op evaluation shed light on the false diagnosis.

“I was told that the tissue taken from me during that gastrectomy was examined through the pathology department at Royal North Shore [Hospital] and the lymph nodes that were taken out showed no evidence of cancer,” he told the Sunday Telegraph. A second test confirmed the results.

Lord said he has suffered from anxiety and depression as a result of the surgery and can no longer eat sitting down.

“He would be seeking an apology from the hospital in terms of an admission of liability and compensation for his injuries,” Anna Walsh, Lord’s lawyer, told ABC Sydney.

Walsh told the Sunday Telegraph that a pathologist at Gosford Hospital, where the initial flub occurred, already apologized to Lord.