DCIS and quackery??

What is the name of your state? California

Thanks for this opportunity to discuss my situation~
Patients beware of Sutter Hospital in Northern California:
I had a mastectomy in 9-02--How I came to have it, is what has led me to persuing legal action

Being a survivor of a VERY small lumpectomy (-infiltrating carcinoma) and no lymphnode involvement, I was given and excellent non recurrance prediction
---- After 11 years, a surgeon who was about to remove a "benign lipoma" from same breast disregarded my otherwise clear mammo and said he palpated something on my old lumpectomy site. Also, he insisted on opening the aerola - since in my files I had complained of minor rash there 5 years previous. He convinced me to have (3) surgeries on the same breast.

What was found was tiny recurrance of "pre-cancerous" cells in situ - with clear margins - no problem with the aerola and the lipoma was removed. This amount of trauma to the breast was overwhelming and recovery was difficult.

This dr gave no indication OR suggestion - that I should be otherwise concerned....and said just come back for a checkup in a few months.

5 months after recovering from the biopsy - I present another clear mammogram to the dr and assumed I was doing great! He shocked me with a total 180 suggestion for a "radical" mastectomy - on the premise that, after all,with this scar - we'll never know what is behind it. **************..Huh?? I had a scar for 11 years.....

He became irate when I appeared negative to this suggestion. He harangued, harassed and nearly berated me for not going along with his suggestion. He was acting like a used car salesman. I knew how deformed a woman was from "radical" mastectomies and they were practically outlawed by the medical community in the 80's ! I just about ran out of his office!

Since I was being covered by a funded CA Breast Org. they gave me a referral. I wasn 't aware that the 2nd dr was affiliated with the 1st dr - since the surgeon was at another location . ((This should have been disclosed by the dr when she saw his name on the lab report)) Much later,I came to realize, that ALL the Sutter hospital dr's are indeed associates - and that Sutter is now as close to a "conglomerate organization" than anyone realizes.


This dr scarcely examined me and very quickly stated that since my case was sooo complex (I find later, it wasn't) that she preferred to set me up with her panel of hospital associates (radiologist, pathologist,etc)for an opinion on whether I indeed had more cancer and needed a mastectomy. (I thought at the time this was great service - )

We met at lunchtime and the very informal panel(while munching on their lunch (!) unanimously stated that I still had cancer and that I needed a mastectomy. I argued the "clear margin" theory etc and pleaded for more tests etc. Nope - no tests- they all concurred I still had EXISTING cancer in my breast and that if I didn't act right away - my life was in peril and waiting could result in my death!

I was so emotionally caught off track - I went home and thought-- 6 people can't be wrong - so why see another dr. ?? Beforethe surgery-- I asked REPEATEDLY - " we are doing this because I have NO other options, correct??" The answer was a resounding yes~

The path report was - NO cancer! The dr was clearly uncomfortable and tried to cover up by stating that, after all, it was just a "standard of care" procedure. I mentioned that - that was NOT what they said-- but that I HAD existing cancer in the breast. (She also stated, I know you are angry but you have NO legal recourse anyway) I was devestated! I did some research and indeed -2 other dr's said it was considered SOC -because I'd had a history- and they were not interested in HOW this all happened. (It's likely because, they are probaly giving out the same diagnosis) I was heartsick - feeling deformed -and felt I had no legal recourse.
I must inject here - that I received a bill from the CA Breast Fund for 27,000.00 - After investigating - was told that since they were told I had cancer and did NOT - the mastectomy was invalid and they would NOT pay the bill~ They reconsidered later, and did pay it - probably thinking I would sue them.

Several months ago I "discovered" some website information through a friend re/DCIS - and after studying it thoroughly- found that according to MANY documentations by Medical Institutions -
DCIS is NOT even considered "cancer"(and it could take up to 20 years) unless it invades --only then is it cancer. I probably had this latest "in situ" for many years. So, with monitoring, it may or may not have ever presented a danger....This was shocking news.

Neither dr provided me with the "truth" about this disase and both dr's treated my condition as fatal if I didn't listen to them. The "so-called panel" was wrong in telling me I had cancer - and I must note, that this was not presented to me as prophylactic surgery.

I then believed I had a case. However- several attornies agreed that this was misdiagnosis/malpractice --BUT
that the so called "panel" approach was unusual and appeared to be a "cover" for malpractice - meaning I would have to get X amount of experts to refute theirs**************..and it was not cost effective.
OK - -----This "panel" approach is cleverly disguised --since they all work together right there in the same facility. They simply do this so that a patient will NOT be able to litigate without the same amount of very expensive expert opinions. Also,since CA med/mal CAP is 250K - the hospitals know that an attorney won't touch it!!

I believe they are misrepresenting this so called "panel" to many patients -- which gives them leverage for error -- almost like license for a crap shoot with a patient's life or well being.

Recently, a poll taken in Marin County of CA resulted in I believe 40% of women were operated on for DCIS resulting in an enormous amount of mastectomies.)-- One doesn't have to be a rocket scientist to figure----these women are ALL wealthy - great insurance - and by using "standard of care" approach on these women - I'll let your mind wander here.... since the DCIS medical data , shows they are totally unnecessary!!

Something is very wrong here in CA**************....Doctors are exploiting the DCIS condition as IF it were a life threatening condition - and it is VERY curable without mastectomy.

I am running low on finding attornies, patience and faith in human kind -

Can't I sue the dr(s) - reckless diagnosis - and get around the need for expert opinions??
If so-------WHYIZZIT I can't get an attorney to take the case~~~Thanks for any thoughts on this......

[vrzirn]

I am not at home one my own computer but will try to respond next week. In the interim, look through some of my responses on this site and look for one I posted on DCIS.

State: Georgia

I really don't know what your going through but know that my wife has just been through something very similar and it was terrible physical and emotional agony. Escpecially since she had lost her older Sister to what was orignally diagnosed as yes DCIS. My emotional stability was effected at just the thought of my two adult daughters and 2 baby grandaughters losing their Mom and Grandmother. I had actually contemplated calling the police about half way through the ordeal...as rediculous as that sounds I thought public safety was at stake.

I am certainly no expert in either the medical or legal fields. Sounds as if Doctors in your area live and work in my area. We now do considerable traveling to another Oncologist to avoid any association with the previous medical providers. I know it is too late but a good rule to follow is stay away from any Doctors that use the same facilities or referral sources. Just get completely away from all of them for further care. While your at it ask for all copies of radiolocial records, all surgical records, and all patholocal reports. Spend a few months like this southern hicK (me) looking up all the foreign language you see on those reports, believe me you will see stuff you had no clue about. Therein your experiences and my wifes were the same, we trusted folks without verifying. The variety of treatment options is what astounds me and for the life of me I can't understand why those Doctors don't slow down, lay it on the table and give options exactly as modern methods dictate and allow. Again get hold of your records if you haven't already done so and read the ink off them ensuring that you fully understand that some define exactly the same thing differently. For the last 3 months I have been keeping the most detailed chronology of events you can imagine. Believe me when something starts out as a benign picture in my wifes case it did continue to occur and move to other places. Of course it couldn't recur because of course according to the experts it didn't ocur. Go figure. Please take care of yourself. Become an expert without a plaque on the wall.
and get second and third indpendent, unaffiliated opinions.

Husband 37

My heart and sympathy sincerely go out to you and your family. Your case seems to be a perfect example of what is wrong with the system.
I noticed you live in California with a med/mal cap of $250K. I live in Mississippi and tort reform is presently in committee in our state legislature. The insurance companies are employing scare tactics that are unbelievable. Doctors are running ads in the local newspapers stating they are closing there offices if they are unable to obtain med/mal insurance. This has been going on for months and I know of not one Dr. closing his office because of his inability to obtain insurance. I realize this is not helping your situation but I wanted to let you know I am printing your post and mailing to my congressman and I will forward your post via email to every congessman in the State of Mississippi.
I sincerely wish you and your family the best. I think you will also find many readers of this site to be most helpful and sympathitic to your cause. Please do not get discouraged. Husband 37 seems to have a firm grasp of what you are going through. His advice is obviously coming from experience.
Best of luck and please keep us posted.

Yes, husband37 is in there pitching for ALL of us women! I applaud his efforts - since it does appear some of us are being taken for a ride - on the express train of radical treatments - misdiagnosis - and the like.
I am thinking of writing my congressman here too-- and appreciate your input on the aspect of letting them know, "We're mad as hell and ain't gonna take it anymore~"
The support groups should all be involved in protecting women from medical systems that insist on keeping us in the dark. I can face anything if I have all the facts**************but it is clear, that I was a perfect setup - for a costly mastectomy that never needed to happen


Thanks to husband37-- I will be collecting my pathology slides on Friday of this week and found a CA lab that will do the 2nd opinion in less than 3 day turnaround! About 130.00 which I don't have to throw around - but I can't NOT do it~

I have to be ready for the fact that the biopsy was correct - but after speaking to my ObGyn - last lweek - showing him the path report---(without first saying I'd had the mastectomy) His first comment was - "Well - if this was a recurrance - you are cured!" He was referencing the clear margins.....Then I laid the bomb that I was pushed into a mastectomy -and he was clearly stunned.....and said "Well, er, uh, perhaps they thought there was another "primary site" in there??" I said "no-- they didn't THINK it - they said there WAS MORE cander"**************....He didn't quite know what to say......after all, he's not a cancer specialist~ But, doctors have a code - and they don't RAT on each other---right??? This was an off-the-record conversation since I was there for a different matter.

Anyway--- if vzirn is around- and can tell me where I might stand with the statute situation - I would really appreciate it.I'm praying now that my "toll time" on CA statutes aren't incorrect. My "discoveries" have come long after the 1st biopsy Nov 2000 that led to the 2nd surgery-- in Sept 2001 ---My hometown lawyer friend here said that the case begins with my discovery - of malpractice - Well, I didn' t know for many months about DCIS being a "pre-cancerous" condition - not requiring a mastectomy --and the "no cancer" result of the mastectomy - if I read the CA law correctly - would that be my "discovery'?? Or the DCIS info which caused it??
-....I am praying the statute is in my favor --and I can get an atty.------------ or the new lab report is for nothing...
Have I misunderstood the name of this site?? Free Advice Forum-- I really need help on the statute thing**************.thanks!

((hugs to you all)))