• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Grounds for Negligence? need your advice/input

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

chicagoboyrn

Junior Member
What is the name of your state (only U.S. law)? IL

Hello, we need your advice/input. I have created a timeline of events on what happened to my father. My family was just wondering if there are grounds for negligence. Thanks in advance.



1997 - My father was first diagnosed with Lung Cancer. He did cycle of chemotherapy and radiation. No surgery. He was declared in remission for 17 years.


February 14, 2015 - Dad had an appointment with his Primary Care Physician (PCP). He had been coughing a lot for the past 3 weeks without any relief from cough medicine. Dr. ordered chest x-ray.


February 21, 2015 - Dad had chest x-ray done Few days later, we got a call from his PCP regarding his X-ray result. She said there is “something there” but not sure what it is. So she ordered a CT of the lungs.


March 6, 2015 - Dad had CT of the lungs at LGH. Few days later, we received a call from his PCP saying that the result of CT is still NOT CLEAR. There is something there but they are not sure whether it is a mass or a previously radiated area from 17 years ago when my dad had radiation. She told us to see a Heart Surgeon for evaluation.


April 7, 2015 - Dad saw the Heart Surgeon at the same hospital. According to him there is “something there” but not sure also. He mention a “mass” but not 100% sure. He recommend to wait 3 months and to do another CT of the lungs.


June 30, 2015 - Dad had SECOND CT of the lungs at LGH.


July 3, 2015 - Dad had an appointment with his PCP. She told us that the “mass” has grown and that to see the Heart Surgeon for a follow up appointment.


July 22, 2015 - Dad had an appointment with Heart Surgeon. He said the same thing about the growing mass. He ordered a PET scan.


August 4, 2015 - Dad had a PET scan at LGH. Heart Surgeon said he “thinks his cancer has come back”. At this point, i called dad’s oncologist who treated him 17 years ago for an appointment.


August 11, 2015 - First appointment with oncologist. He looked at both CT result. He thinks it is cancer and he used the word “treatable” at this time.


September 9, 2015 - Dad had a lung biopsy done at LGH. Positive confirmation of lung cancer few days later was called in by the oncologist. He said Stage 3B. Because of dad’s advanced age, he only recommends Cyberknife radiation as a way to treat his cancer.


October 26 - 30, 2015 - Dad had cyberknife radiation for 5 consecutive days. Few days later we had an appointment with his Radiologist. We were told to wait 3 months to do a CT of the lungs, then a SECOND cycle of Cyberknife radiation therapy.


January 25, 2016 - We rushed dad to the ER complaining of right pain to his hip. There was a fracture of “unknown” origin and surgery was done on January 30, 2016. Doctors think the cancer may had spread to his bone. Bone scan was done on February 16, 2015.


February 27, 2016 - Dad was rushed to the ER complaining of back and shoulder pain. Doctors determined that he had water in the lungs and that he needs to have a drainage put. Fluid analysis showed cancer in the fluids and that they recommend hospice care since there is nothing more they can do.


March 10, 2016 - Dad passed away at under hospice care. He was cremated the following day.




We felt that there was a delay of treating my father. Given his history of lung cancer back in 1997, the doctors should have suspected that his cancer MAY have come back during first few visits in 2015. Also, he was given only the radiation option (cyberknife). I found out later there was an immunotherapy treatment (Opdivo) for lung cancer patient who are NOT in the sick stage like my father. They could have given my dad this medication in the early weeks after diagnosis. Third, his PCP sent him to an open heart specialist instead of his Oncologist.
 


quincy

Senior Member
What is the name of your state (only U.S. law)? IL

Hello, we need your advice/input. I have created a timeline of events on what happened to my father. My family was just wondering if there are grounds for negligence. Thanks in advance.

1997 - My father was first diagnosed with Lung Cancer. He did cycle of chemotherapy and radiation. No surgery. He was declared in remission for 17 years.

February 14, 2015 - Dad had an appointment with his Primary Care Physician (PCP). He had been coughing a lot for the past 3 weeks without any relief from cough medicine. Dr. ordered chest x-ray.

February 21, 2015 - Dad had chest x-ray done Few days later, we got a call from his PCP regarding his X-ray result. She said there is “something there” but not sure what it is. So she ordered a CT of the lungs.

March 6, 2015 - Dad had CT of the lungs at LGH. Few days later, we received a call from his PCP saying that the result of CT is still NOT CLEAR. There is something there but they are not sure whether it is a mass or a previously radiated area from 17 years ago when my dad had radiation. She told us to see a Heart Surgeon for evaluation.

April 7, 2015 - Dad saw the Heart Surgeon at the same hospital. According to him there is “something there” but not sure also. He mention a “mass” but not 100% sure. He recommend to wait 3 months and to do another CT of the lungs.

June 30, 2015 - Dad had SECOND CT of the lungs at LGH.

July 3, 2015 - Dad had an appointment with his PCP. She told us that the “mass” has grown and that to see the Heart Surgeon for a follow up appointment.

July 22, 2015 - Dad had an appointment with Heart Surgeon. He said the same thing about the growing mass. He ordered a PET scan.

August 4, 2015 - Dad had a PET scan at LGH. Heart Surgeon said he “thinks his cancer has come back”. At this point, i called dad’s oncologist who treated him 17 years ago for an appointment.

August 11, 2015 - First appointment with oncologist. He looked at both CT result. He thinks it is cancer and he used the word “treatable” at this time.

September 9, 2015 - Dad had a lung biopsy done at LGH. Positive confirmation of lung cancer few days later was called in by the oncologist. He said Stage 3B. Because of dad’s advanced age, he only recommends Cyberknife radiation as a way to treat his cancer.

October 26 - 30, 2015 - Dad had cyberknife radiation for 5 consecutive days. Few days later we had an appointment with his Radiologist. We were told to wait 3 months to do a CT of the lungs, then a SECOND cycle of Cyberknife radiation therapy.

January 25, 2016 - We rushed dad to the ER complaining of right pain to his hip. There was a fracture of “unknown” origin and surgery was done on January 30, 2016. Doctors think the cancer may had spread to his bone. Bone scan was done on February 16, 2015.

February 27, 2016 - Dad was rushed to the ER complaining of back and shoulder pain. Doctors determined that he had water in the lungs and that he needs to have a drainage put. Fluid analysis showed cancer in the fluids and that they recommend hospice care since there is nothing more they can do.

March 10, 2016 - Dad passed away at under hospice care. He was cremated the following day.

We felt that there was a delay of treating my father. Given his history of lung cancer back in 1997, the doctors should have suspected that his cancer MAY have come back during first few visits in 2015. Also, he was given only the radiation option (cyberknife). I found out later there was an immunotherapy treatment (Opdivo) for lung cancer patient who are NOT in the sick stage like my father. They could have given my dad this medication in the early weeks after diagnosis. Third, his PCP sent him to an open heart specialist instead of his Oncologist.
I am sorry about the loss of your father, chicagoboyrn. He had a rough last year.

With your father's history, it seems reasonable to think that the doctors who saw and treated your father would have wanted to consult with an oncologist earlier, this especially when a mass of unknown origin was spotted on the x-rays and scans.

But no one on this legal forum is in a position to second-guess your father's doctors. We cannot tell you why an oncologist was not contacted when a mass was first seen, and we cannot tell you if an immunotherapy treatment was ever considered or was ever a viable option for your father. We cannot tell you whether the six month delay between your father's first appointment with his primary care physician and the appointment with his oncologist adversely affected the course of your father's disease. We cannot tell you if your father's life would have been prolonged with an earlier diagnosis and an earlier or a different treatment (although early detection and treatment can be vital).

If you feel that the doctors did not pick up on your father's cancer soon enough, you can gather your father's medical records and have the records personally reviewed by another medical expert in your area and/or you can contact a med-mal attorney in your area for this personal review.
 
Last edited:

LdiJ

Senior Member
I am sorry about the loss of your father, chicagoboyrn. He had a rough last year.

With your father's history, it seems reasonable to think that the doctors who saw and treated your father would have wanted to consult with an oncologist earlier, this especially when a mass of unknown origin was spotted on the x-rays and scans.

But no one on this legal forum is in a position to second-guess your father's doctors. We cannot tell you why an oncologist was not contacted when a mass was first seen, and we cannot tell you if an immunotherapy treatment was ever considered or was ever a viable option for your father. We cannot tell you whether the six month delay between your father's first appointment with his primary care physician and the appointment with his oncologist adversely affected the course of your father's disease. We cannot tell you if your father's life would have been prolonged with an earlier diagnosis and an earlier or a different treatment (although early detection and treatment can be vital).

If you feel that the doctors did not pick up on your father's cancer soon enough, you can gather your father's medical records and have the records personally reviewed by another medical expert in your area and/or you can contact a med-mal attorney in your area for this personal review.
I will also add that your father's age is going to factor into the whole matter as well.
 

quincy

Senior Member
I will also add that your father's age is going to factor into the whole matter as well.
Right. But age is only one factor out of many that would be considered. It is not necessarily the most important factor.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top