My Mom recieved 30 doses of brain radiation on top of a stroke!

What is the name of your state? Mass

Long story, but I'll keep it short. In April 99, Mom woke up to flashing lights. She went to her PCP, sent her to the local hospital for a CT. Called the next day saying she had brain cancer, 2.2 ct. mets from BC, (she had a slow growing lump that came back 3 times in 15 yrs.) Never metasisized. She never had an MRI.

She went for 30 doses of brain radiation, it was the only treatment, they gave her 4-6 months to live. Radiation was hard to take, she became weak. She received stereotactic boosts to the "tumor". Go home and die after the treatment, the "tumor" didn't appear any smaller after treatment.

6 months later, not having any symptoms of brain cancer, she asked me to take her to the hospital where she worked for 30 yrs, she wanted to know why her "tumor" was inoperable. They remembered her. They said "How could you be diagnosed with brain cancer when you never recieved an MRI?". An MRI was done. The diagnose: No brain cancer, she had had a stroke.

We hired an attorney from Boston who was prominent in Malpractice. We brought him all the films, this was in Oct, 99. He said for 2 years that we had a good case, he spent lots of money on hiring experts.

Mom continued to go to the hospital where she worked, she dumped all her other Dr.s. No one could find the source of the stroke. They put her on a blood thinning medication. Since then she has has 2 more strokes, 1 being totally debilitating in Aug of 2000. Her neurologist said she had brain radiation necrosis from the treatment.

She is now ready for a nursing home, although she was ready 2 years ago, but my sis and I didn't want to put her in one.We had a disagreement on that one. She is blind, demented, physically handicapped, developed scoliosis from sitting sideways for so long. Well, sis had a heart attack, she has been caregiving Mom for over a year, the stress of it all built up. It is no longer good for Mom to stay at their house, even with help from LPN's, while my sis and husband worked.

Now in the past few weeks Mom has lost her voice. Mom was a vibrant woman just 3 yrs. ago. She is only 71. She has suffered immensley for these past 3 yrs. After 2 yrs into the case, our lawyers wrote a letter and said they were not going to pursue the case any longer, that the brain in undefinable. Yes they said she should have a brain autopsy after she is gone, but she obviously cannot have a biopsy now.

We never expected Mom to live this long, and suffering the way she is. It has been 3 yrs. since her treatment, but not 3 yrs from when we found out the right diagnoses. Obviously, she would not be alive if she truly had brain cancer. They assumed the spot in her brain was brain cancer because she had BC previously 10 yrs before, not an aggressive form. THEY ASSUMED.

My question: Can we still do something about this so it doesn't happen to anyone else? Mom is not cognitve, although my sister is POA, and has not decared her legally incompetent. Mom hasn't talked about this malpractice in over a yr, too confused, but at first she was very ANGRY! She is worn out from every treatment and her mental and physical handicaps. BTW, when we first went for radiation, I asked the prominent hospital if they should do an mri to confirm the DG. They said that they just put the CT scans on their computer, then went ahead and made her halo for the treatment.

My sis and Mom gave up on this case as did the lawyers, it was a case that was not clearly winnable. Mom seems to be declining although that is what has been happening for quite awhile now. She cannot get up, she is incontinent,blind, now her voice is almost gone. Can we sue after her death? It seems that she now has lost her voice that her body is starting to shutdown, I am no expert, she has a good appetite which has saved her, yet she only weighs 90 pounds at 5'7". Of course we don't know when God will take her to a better place, she has suffered so.She wanders, very weak, not trustable, has fallen, and talks to people that are not there. She doesn't realize where she is most of the time. If she is gone by Oct, which will be 3 yrs since we found out there was no brain cancer and that she was given radiation for nothing, can we then go either back to our original lawyer( who still has all the films), or go to a new lawyer?? Can it be up to the offspring to pursue this? We do not want this happening to someone else ever again. What are our rights after death, and what is the statute of limitations?

Thank you for any advice. This has been torture for Mom , myself and sis. It has been a hell since her first misdiagnosis and treatment. Thank you

i would think the unnessarry radiation treatments that caused damage would be compensible.

contact another lawyer..what have you got to loose?

DvG

[ellencee]

Star43
I believe that you have no cause of action because the statute of limitaions has expired. You stated that 2 years into a malpractice claim with an attorney, the attorney withdrew. Therefore, the 2 year statute of limitations has expired. If Massachutes has a longer statute than 2 years, then it would depend on the number of years allowed.

Even if the statute of limitations was still in effect, you have very little evidence available to prove an incorrect diagnosis. You have no comparative MRIs from the morning she awakened with flashing lights, which are by the way usually indicative of a stroke but in brain cancer can be from other issues other than a stroke.

She does have brain injury from radiation, but that would have occurred with the presence of cancer or without the presence of cancer. Apparently, the attorney who was involved made a professional determination that no matter what really happened, there is not sufficient evidence to win in a court of law. That's what is all boils down to--is there or is there not enough evidence to win the claim of malpractice.

Bottom line is, if the statute of limitations has expired, it's over; and, even if the statute of limitations has not expired, there is insufficient documented evidence with which to win a malpractice case.

You have nothing to either lose or to gain by contacting another attorney except personal frustration and heartache.

The statute of limitations are 3 yrs from when you found out about the misdiagnosis and treatment, I believe, I just wasn't sure. Also they have the first CT and countless MRI's since the whole problem started. I do agree with you that the case was not clearly winnable, thats why you need to find the right attorney. I talked to an attorney 6 months ago who said he would be interested in going over her documents and films. I called Mom and sis, they said they gave it up, she is just too confused. I really was wondering if after her death we should get a brain autopsy, and what rights do the offspring have? She obviously doesn't have brain cancer, so an autopsy would prove that, then, therefore brain radiation should never have been given to her. Am I right? This is negligence. I have to go away for 4 days for work but I'll check for replies when I get back. thank you all for your opinions.

[ellencee]

Your original post was very long and often that prevents me from being able to follow the story with accuracy. When you post again, be brief and tell us this:
the date she woke up seeing flashing lights
the date she first saw a physician and what tests were done
exactly the name of the brain cancer she had before
the date she first saw a physician at the hospital where she used to work and what tests were done

There are three months left in 2002; if I add those 3 months to the 6 months between the time she first saw flashing lights and the time she saw a physician where she used to work, I get 9 months--that is nine months to investigate a claim of negligence, including getting an expert who will testify that BUT FOR those radiation treatments, your mother would not be in the condition that she is in. She has had several strokes, including the one causing her to see flashing lights. It will be very difficult for an expert to say that but for the radiation treatments, your mother would not have suffered the physical damages that she did or that the effects of the strokes would not have caused similar damages and her untimely death.

By all means get an autopsy if you intend to file a wrongful death suit. Otherwise, you may not be able to do so.

[vrzirn]

You will probably have to pay 3-5k for the autopsy. You do not have any provable case. No attorney will put in any substantial time or money on this case. It is a lost cause.