全 86 件のコメント

[–]QEbitchboss 500 ポイント501 ポイント  (5子コメント)

I'd run it past the attorney but you also have the option of reporting him to the medical board for not meeting standards of practice.

[–]RighteousVillain[S] 129 ポイント130 ポイント  (4子コメント)

That's a good suggestion. I wasn't sure how to go about that, but I'll look into it. Thank you.

[–]kittenpolice 64 ポイント65 ポイント  (1子コメント)

Another thing to consider is that you may be able to use the findings of the medical board in question in a later suit against the physician.

[–]RighteousVillain[S] 16 ポイント17 ポイント  (0子コメント)

I had not considered that. Thanks for the input.

[–]Wehavecrashed 24 ポイント25 ポイント  (1子コメント)

It sounds like he fucked up but The first priority should be finding out why you weren't informed. If he didnt relay the results to you or if he didnt get the results for whatever reason. Did you see/speak to your doctor after the results should have come in? Its a good idea to ring up yourself to confirm the results of any tests to make sure they came in and are clear.

[–]RighteousVillain[S] 20 ポイント21 ポイント  (0子コメント)

In hindsight, we definitely should have. We were told there was a very small chance and that no news was good news. We won't make that mistake again.

[–]TheElderGodsSmile 294 ポイント295 ポイント  (3子コメント)

It seems pretty clearly negligent to me that they wouldn't inform the patient that they had a malignant tumour post biopsy. That's a significant bit of medical history that you'd need regardless of anything else.

Contact a few Medical Malpractice attorneys in your area and ask for a consultation.

[–]RighteousVillain[S] 36 ポイント37 ポイント  (0子コメント)

Will do, thanks for the advice.

[–]mdg_roberts1 216 ポイント217 ポイント  (3子コメント)

Yes, go speak to a lawyer. Many offer free 30 min consults in cases involving medical malpractice

[–]RighteousVillain[S] 38 ポイント39 ポイント  (2子コメント)

Thanks for the reply. We will definitely do that.

[–]JainotTai 72 ポイント73 ポイント  (1子コメント)

look for people who spend a lot of their time doing medical malpractice. it's one of those specialities where experience is very important.

[–]RighteousVillain[S] 22 ポイント23 ポイント  (0子コメント)

Good point, thank you.

[–]Cookingachicken 75 ポイント76 ポイント  (16子コメント)

Generally speaking, for a med mal case to be effective, you have to prove more than that a mistake was made. You also have to prove that the mistake (the delay in diagnosis in this case) negatively affected your wife and caused harms that otherwise would not have occurred. While you clearly have the first element, you don't seem to have the second. Therefore you have no damages, as the delay in diagnosis did not change the course of treatment or cause her additional harm.

A med mal case is extremely stressful and a lot of work for the plaintiff. While you can and maybe should ask a few med mal lawyers, even for your own peace of mind, I doubt any would be able to take this case for you. There don't seem to be any long-term damages such as additional pain and suffering, future medical needs that are a direct result of the delay, or lost wages.

I agree that reporting the original doctor to your state board of medicine may be a more effective method of handling this. Search for your state's medical board and fill out the form for filing a complaint. Then the board will investigate and if appropriate, will handle disciplinary actions against the physician and/or the practice.

I'm sorry, because clearly it was a wrong action on the part of the first practice, but it doesn't seem to have harmed her anymore than she would have been if it had been discovered during the original event. In med mal law, just because a wrong thing was done does not make a case. You have to prove that additional harms occurred that caused loss or damage as a direct result of the wrong action.

At least, this is a simplified explanation of the med mal laws in my state. Yours might differ.

[–]RighteousVillain[S] 18 ポイント19 ポイント  (7子コメント)

That's definitely worth considering. Thank you for your input. Do you think it makes a difference that the surgery had to be more extensive due to us not knowing it was cancer and therefore not having anything done about it for a year and a half? I'll follow up with a local legal firm and see how the laws work here. Thanks again.

[–]Cookingachicken 13 ポイント14 ポイント  (6子コメント)

It is possible that you could make that claim, but you have to answer the question of "what is the harm", if there is one, and if so, what is it worth?

The three major claims in a med mal case are as I wrote earlier: pain and suffering; future medical care costs; and lost wages. You'd have to make a case that the additional scar is worth something, and what is that worth? It doesn't hurt her, it's mostly cosmetic, and didn't cause loss of wages nor additional pain. As a med mal case is expensive to bring to trial, most attorneys need to be sure that the damages are extensive enough to warrant the upfront expenses they occur.

That said, maybe a young, eager lawyer would be willing to write a letter asking for a small settlement. But it seems unlikely to be successful. The damages just don't seem to be there.

Additionally, it is unclear where the error occurred...was it in the pathology department? Was the Dr. even informed? Was it a nurse that forgot to call back? There is a lot of work needed to find out where things went wrong.

[–]RighteousVillain[S] 11 ポイント12 ポイント  (5子コメント)

Very true. I'll follow up and see if anyone is interested, but I'm definitely going to file any complaint I can against the doctor and the facility and hopefully find out who is to blame. Even if it will inevitably do no actual harm to them, I'd like someone to know how this affected us and hopefully alter the way they do their job in the future. We got extremely lucky, but this could have easily flipped the result.

[–]Cookingachicken 17 ポイント18 ポイント  (4子コメント)

Yes, I understand that very much. The state board will do a thorough investigation, if they decide to take on your case (which I would think they would). They will obtain all pertinent medical records and ascertain where the breakdown in communication occurred. If they can see that an established standard of care was breached, they will issue corrective action, which might range from sending the offending party for continuing education, fines, penalties, appointing a practice manager, and many other options. This will not cost you anything, and if disciplinary action is taken, it will be a matter of public record for the number of years the board determines. This is a very effective and helpful thing you can do, both for the practice and future patients. And I agree you can be so thankful that the cancer was caught and your wife has an excellent prognosis. Many people are not so fortunate, and if you can move on after reporting it to the medical board, you'll have held the physician/practice accountable and also not embroiled yourself in a difficult and lengthy trial process. In my experience, the damages she suffered don't really fall under any of the main requirements for a successful malpractice suit. Evaluating med mal cases for potential lawsuits is my profession, so I hope this has been helpful and will allow you to take corrective action without wasting too much time trying to find an attorney if the first few decline to take the case.

That said, laws are different from state to state, so running it by a decent med mal attorney can't hurt. I just wouldn't hope too much for it to be taken on. It is unfortunate that even though this wrong event occurred, it still may not make a legal case. But on the other hand, that means she did not suffer too much from the delay, which is a blessing.

Lastly, the medical board will report back to you their findings, so if they accept your case for investigation, you will know exactly what happened, where things went wrong, and what remedial actions were ordered. Hopefully that will give you the peace of mind that you did everything you could to ensure better practices and safer patients.

[–]RighteousVillain[S] 14 ポイント15 ポイント  (3子コメント)

I really appreciate your input. We're definitely not getting our hopes up about someone taking the case. I think that contacting the state board to investigate this sounds like a great idea. My top priority is ensuring that my wife has the best medical care going forward, and just behind that is doing what I can to make sure that no one else goes through this.

You're right, I'm much happier with a bad legal case and good prognosis for my wife than the other way around. I'll try to follow up on this post at some point after I contact a couple of lawyers. I imagine that will be next week sometime. Thanks.

[–]Cookingachicken 6 ポイント7 ポイント  (2子コメント)

Thank you for letting me know this has been useful. I'd be interested to know what you find out. It may come down to which state you're in...so I'd be very interested.

Best wishes to your wife and thank you for being an awesome husband and caring so much for her well-being.

[–]RighteousVillain[S] 7 ポイント8 ポイント  (1子コメント)

Thank you, that means a lot. We're in this together and she's done so amazing even though she was terrified of having an MRI and especially the surgery. We were very lucky to have an amazing oncologist to help us too. I'll make sure to follow up no matter what the answer is.

[–]Cookingachicken 2 ポイント3 ポイント  (0子コメント)

That would be great. I'm interested in which state you're located, as some states have tort reform and others don't. That might not impact the ultimate disposal of your case, but it will give some idea how this case will be interpreted

[–]husker_who 3 ポイント4 ポイント  (1子コメント)

I disagree that there were no damages. Had the cancer been properly evaluated and followed up on, it likely would not have been as large and perhaps the patient's thigh would not now be malformed. A year and a half is a long time for a tumor to grow.

[–]Cookingachicken 1 ポイント2 ポイント  (0子コメント)

See one of the last posts for this discussion and add on if you have som thoughts!

[–]PasDeDeux 13 ポイント14 ポイント  (3子コメント)

People here are missing the part where biopsy should have been done before the first excision... Potential unnecessary re-operation is harm.

[–]Cookingachicken 5 ポイント6 ポイント  (0子コメント)

Good point. So you'd say: 1) biopsy should have been done first 2) it would have revealed malignancy 3) cancer would have still been removed but greater margins would have been established...anything else? Would chemo or radiation been necessary? If so, possibly the delay allowed reoccurrence. But it's tough to prove.

How could one prove that the regrowth would not have occurred had it been properly biopsied and identified first? What would that have changed?

An attorney would need to establish within reasonable probability that knowing it was cancerous during first operation would have prevented the regrowth 1.5 years later. Do you think that could be clearly established? Would any expert be able to testify with certainty that these tumors would not have grown back?

Not trying to sound hostile, at all... it's a good point. I'm just exploring the possibilities.

Even if you could make that point, presuming insurance paid most of the surgical bills, then the damages would be another surgical procedure, a slightly bigger scar, and more missed work if applicable. Most of that falls under pain and suffering. What would a jury award here?

Generally speaking, I'm not sure that would be compelling enough to win in a lawsuit where juries favor physicians 9/10 times.* But it's a very valid point.

http://johnalton.com/pdf/Anatomy_of_a_Medical_Malpractice_Case.pdf, p 10

[–]YUNOtiger 3 ポイント4 ポイント  (0子コメント)

Small breast tumors are usually removed in their entirety and then sent for pathology. To get a good sample for a biopsy requires a core biopsy, which is a procedure in its own. Removing the whole thing prevents extra procedures.

[–]sexylibrarian727 0 ポイント1 ポイント  (0子コメント)

It depends on the case and how big the bump was. If the bump was small and was to be removed whether or not it was cancerous they would just cut it out fully and do a biopsy after, which it sounds like they did. If the bump had been found as cancerous that would likely have effected the level of follow up care and testing the wife would have received post-op.

[–]purposeful-hubris 2 ポイント3 ポイント  (1子コメント)

My state is similar. Very high burden on plaintiffs to actually recover (including a requirement of a medical expert, another doctor, testifying that the defendant doctor's conduct was malpractice) and attorneys don't really like to take them because there's a statutory cap on damages while they're pretty laborious cases.

[–]Cookingachicken 1 ポイント2 ポイント  (0子コメント)

Here too. In this state, attorneys must submit an expert's report along with the initial filing, verifying the facts of the case and attesting to breaches and damages from the violation(s) of the standard of care. Attorneys have to put a lot of time and money into developing these initial aspect of a case. Requiring expert opinion before even beginning discovery places a large financial and time investment on the part of the attorney, and has thus made med mal cases virtually disappear (which presumably was the goal all along, considering who really benefits from these laws.) In the end, it's not good for defense lawyers either...they need plaintiffs to stay in business, too. Tort reform states should follow Florida's example and overturn tort reform laws as unconstitutional.

[–]Megamansdick 62 ポイント63 ポイント  (14子コメント)

Can I just get on a soapbox for a minute here? Because of tort reform in most states, a case like this will not be worth taking unless your wife lost a limb or her health deteriorated significantly due to the doctor's negligence. Medical malpractice cases, especially failure to diagnose cases, can cost tens of thousands or hundreds of thousands of dollars to bring. While you should absolutely talk to an attorney, I'm afraid most would tell you that this case is not worth bringing.

Firstly, it will be very difficult to prove that the return of the sarcoma would not have happened anyway. And, in your brief synopsis, nothing stuck out as a major issue or concern during the time you were unaware of the cancer.

So why is tort reform a bad thing? Because this kind of case is a HUGE DEAL! You had a physician doing an operation they should not have been doing in the first place and neglecting to tell you that your wife had cancer. That's insane to me. So what are your options? File a complaint with the board of healing arts (or whatever doctor board your state has), which will do nothing and usually won't be available to the public. Or, you could file a malpractice suit that would absolutely make the doctor think twice about the way they practice medicine. Unfortunately, insurance companies and physician groups have lobbied most state legislatures to the point where it is impossible to file a case when the victim hasn't experienced life-altering changes like a lost limb, significantly reduced lifespan, or brain damage.

On top of that, most juries side with doctors, no matter how bad the conduct was. The insurance company for the doc will have an expert who says that sarcomas are no big deal, your wife would have had to have the surgery anyway, and she is at no greater risk than she otherwise would have been. This could all be a complete lie, but insurance companies hire experts whose sole purpose in life is to testify for other doctors in these cases and say whatever they're paid to say (yes, plaintiffs use them too, but they are harder to come by on the plaintiff side). And juries believe these experts and think you're out to get a quick buck because a jury can't take a doctor's license away, they can only award you money.

tl;dr - tort reform bad for good people like you and good for bad people like your doctor who will do the same thing to the next sarcoma patient.

I wish you the utmost luck though, and hopefully you live in a jurisdiction where medmal cases are still able to be brought without the constraints most states have enacted in order to make suits as expensive as possible.

[–]RighteousVillain[S] 17 ポイント18 ポイント  (0子コメント)

Thanks for the detailed reply. It's good to have a viewpoint I had not considered. We'll definitely talk to lawyers soon and see if this is worth pursuing.

[–]Cookingachicken 38 ポイント39 ポイント  (10子コメント)

This is very true and gives a lot of the background I did not delve into. But it's exactly right. Recent studies show 94% of med mal cases that were legitimate and should have been found for the plaintiff, instead exonerated the physician. There are two bills in Congress now seeking a change to have med mal juries be made up of medical professionals, as juries are notoriously unable to understand complex medical issues, procedures, dueling experts and hired guns, and standards of care. I don't know if this would be any better for injured patients, but it's an idea.

And everyone. Tort reform takes away your constitutional rights. Vote against it at every opportunity.

[–]JainotTai 25 ポイント26 ポイント  (1子コメント)

I know doctors who'd much prefer med mal to go before medical professionals too, because no matter which side you're on, it's just impossible to expect juries to learn enough about medicine to judge in these cases. however, there'd need to be good policies put in place so doctors don't seem like they're being too nice to their peers

[–]Cookingachicken 15 ポイント16 ポイント  (0子コメント)

In theory, I agree with the concept wholeheartedly. The cynic in me, though, sees the political nature of the appointees to state medical boards and how little action is taken, even in extreme cases. I wonder if professional jurors would be susceptible to the highest bidder, or influenced by the promise of future employment opportunities for favorable outcomes.

But again, in theory, it's a much better solution than our current system. Jury trials for med mal cases are train wrecks and generally very unfair to the plaintiffs. Both parties would be better served by professional jurors, IF there is any way they could truly be impartial. But the very fact that these professional jurors would be coming from the medical profession suggests a bias towards their colleagues. How could we make sure there is no allegiance to medical professionals due to this pool of jurors coming from "the white coat club?"

[–]TheATrain218 13 ポイント14 ポイント  (5子コメント)

Not necessarily doubting, and recognizing that this isn't /r/askscience or /r/AskHistorians, but a claim like

Recent studies show 94% of med mal cases that were legitimate and should have been found for the plaintiff, instead exonerated the physician

really must be cited back to a source, even if not required in the reddit sidebar because this isn't talking about specific case law.

Googling your statement brought up this publication from 2009 which seems to refute your statement. From the abstract:

Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the borderline cases, and even 50% of the trials in cases with strong evidence of medical negligence. With only one exception, all of the studies of malpractice settlements also find a correlation between the odds of a settlement payment and the quality of care provided to the plaintiff. Between 80% and 90% of the claims rated as defensible are dropped or dismissed without payment.

Care to share the "recent studies" you're thinking off?

[–]Cookingachicken 1 ポイント2 ポイント  (4子コメント)

My source is a CLE seminar on medical malpractice. I am happy to post it here but I'm not sure you can access the speaker without belonging to the bar and having access to the CLE. This seminar is from 2016 so is more updated than your source. I might be able to log in again to get the exact wording if it is truly important to you. I respect the need to provide a citation but didn't think it was required in this case, as this was a non-professional conversation.

That said, this is the link:http://clecenter.com

The CLE is called Anatomy of a Medical Malpractice Lawsuit, Jim M. Perdue, Partner, Perdue & Kidd

Presented by: American Bar Association

[–]PAdogooder 8 ポイント9 ポイント  (3子コメント)

Yup, I guess I'm going to be that guy.

This isn't a study, it's a presentation. That's not a source, it's "where you heard of this study." I would really like to see the exact wording, or even the name of the authors of this study, so I can find it elsewhere.

[–]Cookingachicken -2 ポイント-1 ポイント  (2子コメント)

Well, I tried. I went through it briefly, but it's a two-hour seminar. I've already completed it once. Regretfully, I'm going to be "that guy" too and say, "you'll have to take my word for it" right now. Nothing personal, I've put a lot of work into this topic tonight and am ready to be done.

[–]PAdogooder 9 ポイント10 ポイント  (1子コメント)

That's fine, but you'll have to forgive me for not believing you. 94% is a very high number. For example, I'm not confident I could get a 94% conversion rate giving away 5 dollar bills.

[–]Cookingachicken 4 ポイント5 ポイント  (0子コメント)

Well, if I find myself with the free time maybe I'll run back through. But since this particular point is not really essential to the OP 's topic, I'll probably let it go. But I understand your point.

[–]btribble 0 ポイント1 ポイント  (1子コメント)

Tort reform also has an impact on medical costs. You can feel that people should be awarded large settlements for such injuries, but this does affect how much insurance costs. There is a balance of rights versus costs to consider when having this conversation.

[–]Cookingachicken 1 ポイント2 ポイント  (0子コメント)

So, has tort reform in Texas or California made any dent whatsoever in the cost of medical care? And did insurance premiums for consumers go down, as promised?

[–]locks_are_paranoid 12 ポイント13 ポイント  (1子コメント)

Report the doctor to the medical board of your state. Do this immediately.

[–]RighteousVillain[S] 5 ポイント6 ポイント  (0子コメント)

Will do. I'll be contacting a lawyer in the next couple of days and I'll ask how I can go about that most efficiently. Thanks.

[–]Tyr_Tyr 4 ポイント5 ポイント  (1子コメント)

I'm so sorry.

Talk to a medical malpractice attorney ASAP.

Your new doctors will not be affected, except that they may be asked to testify as to her condition. But they are not at risk. If you want, you can give them a heads up that you are looking at options. Some doctors (very few) have volunteered to testify on behalf of someone harmed by medical malpractice. But most won't.

[–]RighteousVillain[S] 1 ポイント2 ポイント  (0子コメント)

Thank you. Good point, if an attorney is willing to take the case, I'll contact our new doctors and give them warning about it.

[–]liabilityquestion 14 ポイント15 ポイント  (3子コメント)

Speaking as someone who has dealt with cancer in friends and family multiple times and a family member who worked in this field: IMHO this is potentially gross negligence. I would absolutely speak to a malpractice lawyer, and your current doctors are totally insulated - don't worry about them.

Several things jump out to me:

  1. Under the knife, a sarcoma most often does not look like a lipoma. Most doctors would pause the procedure on-sight and run a biopsy. The fact they didn't pick up on this is a warning sign to me.

  2. Not alerting you about the biopsy results is something I can not comprehend.

  3. When removing a lipoma the doctor basically pops the growth out and cuts off connective tissues to protect against regrowth, it's often simple and a dermatologist can do it. When removing a sarcoma, the doctor needs to leave clear surgical margins -- and will cut a few millimeters into the tissue to ensure against regrowth. It's a more aggressive treatment and higher standard of care.

  4. Regardless of her current prognosis, things could change. There are statutes of limitations.

If you had known this was a tumor after the first surgery, your wife would have gone under observation for recurrence sooner, the recurrence would have been caught within months, and a less aggressive surgery would have been performed.

Talk to a lawyer.

[–]RighteousVillain[S] 5 ポイント6 ポイント  (2子コメント)

Exactly! Those are the same concerns I have about this situation. especially with the possibility of it returning. Whether or not this makes for a good case is definitely not my area of expertise, but I will definitely contact a couple of lawyers to see if anyone is willing to pursue this and I plan to contact the state board to investigate. Thanks for the reply.

[–]MartijnCvB 2 ポイント3 ポイント  (1子コメント)

I am a non-lawyer cancer patient with a slow growing form (not sarcoma; entirely different part of the body). To add to point 3; I have been told that slow growing forms (it sounds like sarcoma is reasonably slow growing, if it was 1.5 years) are generally harder to treat with chemo therapy and other medications; that is a rule of thumb, not a given - some slow growing forms may work differently. Surgery is the best treatment. So if you were thinking that a chemo/similar treatment may have prevented a return of the cancer, well, that may not be the truth.

So while a larger surgical margin may have prevented a return of the illness (and those medical costs for the second surgery may therefore have been prevented; making those medical costs your wife's potential damages, I guess), the fact that you didn't know it was cancer (as long as the doctor knew) may not have made much of a difference in a medical sense, if treatment is as hard as I suspect. It made some impact regardless, but it may not have been a huge impact, if that makes sense.

Granted, I am not a medical professional, nor do I have a knowledge of sarcoma. If you want to know this for certain, ask your wife's doctor.

[–]RighteousVillain[S] 4 ポイント5 ポイント  (0子コメント)

That's a good point. I'll have to ask some follow up questions next time we see our oncologist. Thanks.

[–]ticklishmusic 6 ポイント7 ポイント  (1子コメント)

this isn't as a reason as much as a side comment, but sarcomas tend to be fairly rare. your local doc might not have too much experience with sarcomas, but a diagnostic lab definitely should have been able to spot that.

[–]RighteousVillain[S] 5 ポイント6 ポイント  (0子コメント)

That's true, it is pretty rare. Having said that, the doctor told us there was a rare chance it was a sarcoma which is why we did the biopsy at all. The original operation was handled very poorly in my opinion and that may be influencing my opinion about this also.

[–]PrimateOnAPlanet 6 ポイント7 ポイント  (5子コメント)

I totally sympathize with what happened to you, but I'm going to play somewhat of a devil's advocate here: you don't know for sure that that doctor is responsible for your not getting the pathology results. Hospitals have many many moving parts, and while the doc is ultimately (chain of command wise) responsible it doesn't necessarily mean he did anything wrong. He sent it to pathology, and perhaps they failed to follow up, or maybe he told the nurse to call you with the results and they forgot. Maybe it would be worth a phone call or visit to give the doc a chance to explain themselves before you dive headfirst into litigation.

[–]RighteousVillain[S] 5 ポイント6 ポイント  (4子コメント)

That is understandable and I have thought of some scenarios where this wasn't his fault specifically. I'm hoping that contacting an attorney would lead to us finding out exactly why we weren't informed and who was responsible. However, I think it's fairly safe to assume the blame lies with him. If the plastic surgeon was able to access my wife's file and find the result then her general physician who ordered the biopsy should have known. If he asked a nurse to contact us and that never happened, then why wasn't there a follow up to that? I feel like cancer is the sort of thing you don't make one attempt and then assume it worked out. These things should have been responsibility.

[–]PrimateOnAPlanet 1 ポイント2 ポイント  (3子コメント)

Yeah I'm not sure what the law requires as far as communicating biopsy results. Did you ever have an appointment with the PCP post biopsy? Also, if you never heard back about the biopsy did you try contacting the office?

I agree that of course the PCP could get access to the file. However it's entirely possible that he never even saw it. Electronic medical records can just silently update themselves, and he might not have looked at your chart again post-procedure if you didn't have another appointment after for a checkup. When you see 40+ patients a day it can be like trying to keep your head above water. So, many docs won't see the chart again unless there is a follow-up appointment. He may have been using the same logic you did: no news is good news, because typically a pathologist would call you to discuss the findings if a biopsy turned out to be neoplastic.

Basically there are a million different scenarios that could have played out, and I have no idea which transpired. I just think it would be a good move to at least talk to the guy before litigation. You would probably get a more truthful account via this route, because once you get lawyers involved he will clam up quickly. Given the sacrifices involved in becoming a doctor most of them are in it for the right reasons, but there are for sure bad eggs. Maybe I'm just an optimist, but I think you owe him the chance to explain so that you can determine if it was human frailty or negligence.

[–]RighteousVillain[S] 1 ポイント2 ポイント  (2子コメント)

Those are good points and I think that's a fair assessment. I will likely try and reach out to him, but I'm planning to discuss the case with an attorney before I go out on my own to do that. Thanks for the input.

[–]PrimateOnAPlanet 1 ポイント2 ポイント  (1子コメント)

That's exactly what I would do. Talk to a lawyer first to make sure you don't do anything stupid to hurt your case, then try to get some answers to help inform if you want to pursue litigation. Happy to help, and best of luck with this mess.

[–]NoPermission 1 ポイント2 ポイント  (4子コメント)

Report him to the medical board or w/e its called where you live for malpractice. If you have hopes of being able to sue, see if you can sue the doctor instead of the hospital as it was his responsibility to inform you of the results, not the hospital itself. He definately did something that is against the law when he didnt call you about the negative results because he either didnt bother or he forgot, or he isn't fit to be a medical professional in case the reason he didnt tell you anything is that he wasnt educated enough to read the results well enough to understand something was happening.

Source: None. I'm no lawyer or medical professional or anything else that would give me knowledge about these kinds of cases, these are just assumptions I make out of my own opinions and my country's (norway) laws.

[–]RighteousVillain[S] 2 ポイント3 ポイント  (3子コメント)

I agree completely. Thanks for your input. Also, I really like your source disclaimer.

[–]NoPermission 1 ポイント2 ポイント  (2子コメント)

Good luck in whatever you decide to do forwards, hope your wife stays well and the cancer doesnt come back.

[–]RighteousVillain[S] 0 ポイント1 ポイント  (1子コメント)

Thank you, I really appreciate that.

[–]NoPermission 1 ポイント2 ポイント  (0子コメント)

No problem, I'm on vyvanse so I want to do anything to make peoplew days/lives better, even my ex who cheated on me THREE times so I have some hate for her, but I still try making her day better by asking how she is doing etc (she is very depressed for several reasons, one of which is cus her best friend is suicidal and has taken lots of scripted pain killers and stuff to lower the depression, almost OD'ed even). I just love seeing random people (and people I know) feeling better about shitty situations.

[–]Kurgon999 1 ポイント2 ポイント  (1子コメント)

Get a Lawyer experienced in Medical Malpractice. Most will give you a free consultation.

[–]Bedheadredhead30 3 ポイント4 ポイント  (1子コメント)

IANAL but it sounds like you don't really have any damages here. All of the medical treatment your wife needed would have had to be done regardless of whether or not your doctor had informed you of the original biopsy results. Someone correct me if I'm wrong.

This is why I think it's really important to not rely completely on your doctor to follow up with any test results. I'm not trying to make excuses but mistakes happen, doctors get busy and overlook results, especially when all signs had been pointing elsewhere to begin with. If possible, request copies of your test results and take them with you to your doctor so he can explain them to you in person. Something as important as your health shouldn't be entirely left in other people's hands. I hope your wife is doing better now!

[–]RighteousVillain[S] 1 ポイント2 ポイント  (0子コメント)

You make a very good point. We'll definitely follow up with a lawyer to see if there is even a case here and go with their advice. We definitely should have followed up on it in hindsight. We were told that sarcomas were very rare and that no news was good news and we just assumed that he would do his job properly. That's absolutely on us and won't happen again. Thanks for the comment and your concern.

[–]cardinal29 0 ポイント1 ポイント  (3子コメント)

Maybe I'm missing part of the story, but why did you jump to "the doctor is at fault"?

Maybe the lab that handled the biopsy missed the sarcoma.

Did the original surgeon ever say they got lab results and just neglected to call you?

[–]RighteousVillain[S] 11 ポイント12 ポイント  (2子コメント)

The biopsy result that our plastic surgeon found clearly stated it was a sarcoma. So while it is possible that a nurse was supposed to follow up on that and inform the doctor, I'm assuming it's his fault for not ensuring that the result was negative. You're right that there are scenarios where he is not at fault, but someone must be. I make mistakes at work off and on and I understand that it happens, but it's not my job to inform people if they have cancer so I think they should do a better job.

[–]Booby_Hatch 3 ポイント4 ポイント  (1子コメント)

He ordered the lab work so it's his responsibility to follow thru on the results. You don't know right now if his negligence gave the cancer a chance to spread and do additional harm and you will never know that 100%. There's hope that they got it all this time but if it returns, you won't know if it's because of that gap of time.

He sounds like a slacker and you should bring suit, if a lawyer agrees, and report him to the state medical board - all of this to put his lazy ass on notice so he'll start minding his P's and Q's while treating patients. My mother got one of these slackers who overdosed her, almost killing her and causing long-term neurological problems (ultimately leading to her death), and then didn't even have the courtesy to apologize. He just asked if we wanted to try the same medicine again but at a slower pace so she could build up a tolerance. Much like rape victims encouraged to speak up if only to stop a repeat offender, I think you should speak up for future patients.

My best to your wife!

[–]RighteousVillain[S] 1 ポイント2 ポイント  (0子コメント)

Thank you very much and I completely agree. Our top priority going forward is ensuring my wife has great health care so we can catch this if it ever does return. Second priority is making sure this doesn't happen to anyone else. This guy is going to get a wake up call one way or another. I'm so sorry to hear about your mother, but I'm glad to hear that she made it.

[–]TheDigileet 0 ポイント1 ポイント  (1子コメント)

Did he at least change his gloves after answering the phone? I'm not a doctor or a lawyer, but if I could almost get fired for touching my phone with gloves on back when I was flipping burgers for a living, then hell yeah this guy should answer for this. Like others have said, contact the medical board, and consult with an attorney.

[–]RighteousVillain[S] 1 ポイント2 ポイント  (0子コメント)

As I recall, he didn't. My wife and I both know enough about aseptic technique to know that it didn't seem right.