I was diagnosed with cancer of the esophagus in Jan/08. I done the prescribed courses of chemo and radiation before they operated.The operation was going to involve cutting out the esophagus and puliing up the stomach to make a new one.
upon waking from the operation the surgeon told me that she didn't do the operation because they had found some tumours on the lung , had a pathologist look at them and decided it was inoperable cancer of the lung..My family and | lived like this for a week , then the surgeon told me that the pathologist had made a mistake , the lung tissue was just scarred from the radiation and was actually benign
great news right.....why sue
well they were going to do a final round of chemo......then decided instead they want to do the original surgery instead (which they never done originally becuase of the pathologists error)
the mental torture from this has been unbearable
Do I have a case
I also want to add that i stand to lose me franchise business and may have to go on long term disability due to time off
a demotion to a non franchisee would cost me around 40,000 dollars a year
Velvet Brooks
Most of the time it depends on the state you live in. I also have inoperable cancer of the colon. I was going to a doctor here in Kentucky for severe stomach pains and difficulty eating. I went from 265 pounds to 145. I( was rushed to the emergency room one night and my doctor was out of town so they transported me to a larger hospital in Paducah. Within 1 hour of being at that hospital I was told I had colon cancer and they were doing surgery the next day. Well needless to say they couldnt because the tumor grew into the blood supply to my intestines. The doctor I was seeing in my home town had did the upper GI scope on me several times but never a lower! Never even suggested it or even suggested to send me to someone else which I had asked him to do. He took out a perfectly good galbladder and then told me I had IBS and prescribed me pills for it. I have been going thru chemo since may of last year, it has shrank my tumor from 7 inches to the size of a nickle now. Well it has shank the live cells the tumor is actually about 4 inches now but the live cells are only the size of a nickle.
I went to an attorny and took him all my medical record. I was told he couldnt do anything because he had to prove I had the cancer when I started seeing the doctor. He couldnt prove it with my medical records. So he gets off scott free and I am fighting to keep my house and pay bills which is a losing battle because now I do not have insurance because I was dropped as a high risk liability. I wish you luck and hope you do not live in this state who is for the doctors only and not the patients.
Cameron B
Pardon me when I say, Hell yeah you got a case. The hospital is clearly negligent, you can file against the hospital as a whole, and or sure the pathologist in a civil case. lawyer up and sue!
sweet_Angel88
Yes sue the patheologist for committing the error causing emotional stress
Sue the hospital for not going forth with the operation
Use all the paper work that you have from the hospital and how it has affected your work and your personal life.
djflare99
You might have a case. It depends on a lot of things...but mostly your lawyer would have to get another pathologist to claim that any knowledgeable pathologist would have been able to tell the difference between a cancer and an irradiated tissue. Your lawyer would probably try and name everyone doctor involved, but the surgeon probably is not at fault because he made a good decision based on the information he had (why cut out your esophagus if it's not going to improve your lifespan and will make you sick as a dog).
Orignal From: Tips: Legal Question re: medical malpractice?
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