Husband Hodgkins survivor-possible relapse

[reneeromer]

What is the name of your state (only U.S. law)? California

Hello,
my husband is a survivor of Hodgkins Lymphoma. He suffered this cancer 10 years ago. Within the last 6 years, it has come back, mildly, twice. One of the times we were told that had we waited one more week, the cancer would have been back, full-blown. This incident was handled within week upon the visit to his PCP. In May of this year, my husband showed me a large mass on his tonsil (which is part of the lymph system). I tried to make an appointment with his doctor but they said he was too booked to see him. So they referred him to the nurse practitioner. Not only was I livid that the doctor wouldn't make an exception, the person I spoke to discounted my husband's reason for coming in and wrote down that I said he had "pus pockets" on his tonsil. I did not say that.... I said he had a large mass on his tonsil. Anyway, they gave him antibiotics and sent him home. He was referred to an ENT which took weeks to see. His oncologist has yet to be contacted. I feel they are sweeping his past medical history, under the rug. He is barely going to have surgery to remove this growth which has grown, bleeds, and made his lymphnodes swollen and red. It has been 5 months since his first appointment. This ordeal should have been handled in a much quicker manner. If his cancer has returned, due to their negligence, will we have any right to any legal action. This has been a horrible waiting game for us.
Thank you~What is the name of your state (only U.S. law)?

[lealea1005]

Originally Posted by reneeromer

What is the name of your state (only U.S. law)? California

Hello,
my husband is a survivor of Hodgkins Lymphoma. He suffered this cancer 10 years ago. Within the last 6 years, it has come back, mildly, twice. One of the times we were told that had we waited one more week, the cancer would have been back, full-blown. This incident was handled within week upon the visit to his PCP. In May of this year, my husband showed me a large mass on his tonsil (which is part of the lymph system). I tried to make an appointment with his doctor but they said he was too booked to see him. So they referred him to the nurse practitioner. Not only was I livid that the doctor wouldn't make an exception, the person I spoke to discounted my husband's reason for coming in and wrote down that I said he had "pus pockets" on his tonsil. I did not say that.... I said he had a large mass on his tonsil. Anyway, they gave him antibiotics and sent him home. He was referred to an ENT which took weeks to see. His oncologist has yet to be contacted. I feel they are sweeping his past medical history, under the rug. He is barely going to have surgery to remove this growth which has grown, bleeds, and made his lymphnodes swollen and red. It has been 5 months since his first appointment. This ordeal should have been handled in a much quicker manner. If his cancer has returned, due to their negligence, will we have any right to any legal action. This has been a horrible waiting game for us.
Thank you~What is the name of your state (only U.S. law)?

Was your husband actually examined my the NP who then prescribed antibiotics based upon what she observed?

Why didn't YOU call the Oncologist?

ETA: What was the ENT's opinion?

[ecmst12]

Why wasn't the oncologist the FIRST person you/he called???

P.S. Lea I don't think I can be your friend anymore...

[reneeromer]

I actually did call his oncologist. They said I needed a referral since our insurance had changed. My husband felt like he didn't want to over-react so he said, he'd just take the steps the NP told him to. The NP's eyes opened wide when she saw the mass. She said that it definitely had to be removed but that he had to go through the proper steps (ENT, sleep study, etc.). His first visit with the ENT also said it needed to be removed. An appointment was made for his sleep study and he was diagnosed with mild sleep apnea. A breathing machine was supposed to show up at our home but none ever came. A few days ago my husband called the ENT office (for the 3rd time about it) and they said it was their mistake. Before that though (after the sleep study) my husband called the ENT doctor to see what was next. The ENT said that the first exam was just a consultation. So he had to go back to get a date for surgery. I may be over reacting but in my gut, I think this should have been taken more seriously.

[Zigner]

Originally Posted by reneeromer

I actually did call his oncologist. They said I needed a referral since our insurance had changed. My husband felt like he didn't want to over-react so he said, he'd just take the steps the NP told him to. The NP's eyes opened wide when she saw the mass. She said that it definitely had to be removed but that he had to go through the proper steps (ENT, sleep study, etc.). His first visit with the ENT also said it needed to be removed. An appointment was made for his sleep study and he was diagnosed with mild sleep apnea. A breathing machine was supposed to show up at our home but none ever came. A few days ago my husband called the ENT office (for the 3rd time about it) and they said it was their mistake. Before that though (after the sleep study) my husband called the ENT doctor to see what was next. The ENT said that the first exam was just a consultation. So he had to go back to get a date for surgery. I may be over reacting but in my gut, I think this should have been taken more seriously.

Yes - by your husband.

[reneeromer]

I agree, completely.

[lealea1005]

Originally Posted by ecmst12

Why wasn't the oncologist the FIRST person you/he called???

P.S. Lea I don't think I can be your friend anymore...

awwww...why not? cbg and betty are still me friends...last time I looked, anyway . Besides, Lee is pitching, so ya never know. I guess we'll both be up late tonight...lol

Sorry for the interruption OP...carry on.

[ecmst12]

We can't be friends until the series is over I guess.

Your husband should have INSISTED on a referral TO HIS ONCOLOGIST! What the heck does he thing an ENT can do to tell if it is cancerous? How does a sleep study tell if it is cancerous? The NP made the wrong call but he did not advocate for himself properly. "You know, I have a history of cancer and I'd feel more comfortable seeing my oncologist first.."

[Proserpina]

Originally Posted by reneeromer

I actually did call his oncologist. They said I needed a referral since our insurance had changed. My husband felt like he didn't want to over-react so he said, he'd just take the steps the NP told him to. The NP's eyes opened wide when she saw the mass. She said that it definitely had to be removed but that he had to go through the proper steps (ENT, sleep study, etc.). His first visit with the ENT also said it needed to be removed. An appointment was made for his sleep study and he was diagnosed with mild sleep apnea. A breathing machine was supposed to show up at our home but none ever came. A few days ago my husband called the ENT office (for the 3rd time about it) and they said it was their mistake. Before that though (after the sleep study) my husband called the ENT doctor to see what was next. The ENT said that the first exam was just a consultation. So he had to go back to get a date for surgery. I may be over reacting but in my gut, I think this should have been taken more seriously.

Your husband made a decision not to get that referral to the oncologist - nobody else is going to be held responsible for him not making that appointment, you know?

[lya]

I think it can be argued that a known cancer patient who seeks treatment for what may be a recurrence should be referred to the patient's oncologist. I believe that failure to timely refer to the oncologist may be considered an act of negligence. The oncologist knows that the only treatment option is to remove the tonsil and examine it for the presence of cancer; it is the standard protocol. I find this information verified in several online Hodgkin's sites.

That being said, the poster and her question are on other sites. According to her statements on one site, the tonsil mass has been present for 11 months. That kinda moots any possible claim of damages due to the failure to properly and timely refer the patient to his doctor. At this point, the patient bears the liability as he chose to wait 11 months while not getting a referral to his oncologist or to simply go to the oncologist, pay for the initial appointment out-of-pocket and then file subsequent treatment on his insurance.

Oh--I did not check the poster's state of residence as regards liability, whether or not the whole claim is not viable due to contributory negligence or the claim is only partially viable due to contributory negligence.

[Adalaide78]

There have been occasions on which I knew I would need to see a specialist. For instance, I've had to see a dermatologist repeatedly for suspicion of melanoma. I don't wait for a referral even though I know I need one. I make the appt with my specialist and then call my doctor to get the referral, if I need to see the doctor for the referral, that's fine. If the doctor then says, nah I don't think you need to go I'll just explain why I should and point him to the medical history in his hands. Being your own advocate is one of the most important ways to assure you get the care you need. When a doctor sees dozens of patients a day I certainly don't expect him to have time to sit down and review my medical history just because I have some evil red spot on me. I could just be the next hypochondriac who's paranoid about a simple mole.

[lealea1005]

Originally Posted by ecmst12

We can't be friends until the series is over I guess.

and, after last night, it looks like it ain't over till it's over, right?

[lealea1005]

Originally Posted by reneeromer

I actually did call his oncologist. They said I needed a referral since our insurance had changed. My husband felt like he didn't want to over-react so he said, he'd just take the steps the NP told him to. The NP's eyes opened wide when she saw the mass. She said that it definitely had to be removed but that he had to go through the proper steps (ENT, sleep study, etc.). His first visit with the ENT also said it needed to be removed. An appointment was made for his sleep study and he was diagnosed with mild sleep apnea. A breathing machine was supposed to show up at our home but none ever came. A few days ago my husband called the ENT office (for the 3rd time about it) and they said it was their mistake. Before that though (after the sleep study) my husband called the ENT doctor to see what was next. The ENT said that the first exam was just a consultation. So he had to go back to get a date for surgery. I may be over reacting but in my gut, I think this should have been taken more seriously.

Some of the delay may have to do with your new insurance plan. Despite a history of lymphoma, your plan may require the "proper steps" the NP refers to. They may require the results of each "step" before authorizing further treatment. It's frustrating, but if you want the surgery covered, it's necessary.

The initial visit was a consultation to gather the medical history, document present symptoms, etc. At the next appointment, the ENT will go over the results of the sleep study & any other diagnostic testing, as well as examine your husband (measure/document any growth of the mass, etc.). He may require cardiac/pre-op clearance from your husband's PCP before surgery, as well.

[ecmst12]

I don't know, if it were ME with the history of cancer, I would be less worried about the insurance rules and more worried about, oh I don't know, CANCER!!!!! What on earth can a sleep study tell you about whether a mass is malignant or not?

It ain't never over till it's over, Phillies play better when the crowd hates them anyway

[reneeromer]

Thanks for the replies, everyone! I found out about the mass in May. He said he had it for about 6 months but didn't think much about it. I know, I know... what was he thinking?? Anyway, the sleep study was to get approval for a breathing machine after the surgery. This said breathing machine was approved by our insurance in August and they (ENT's office) was supposed to have it shipped to our home. My husband called them several times asking where it was because he needed to take a class for it. They told him they'd take care of it and never did. Well, Wednesday of last week, he told them he still hadn't received it and they told him that they'd reschedule his surgery. He told him that wasn't an option since his mother was in route from Texas - 1000 miles from us, they'd arranged a temp for him at work and I had taken time off of work. So they agreed to do the surgery without it. So yesterday he shows up for his pre-op and they told him they wouldn't do the surgery. The doctor admitted that it was their negligence regarding the breathing machine. My husband was livid and told them that their mistake has cost him another two months. The ENT was on the verge of refusing the surgery but my husband told him that he needed this done. So they rescheduled it for the 17th. He's going to the class and getting the breathing machine today. I also told him that he NEEDS to call his oncologist today. He agreed. What a nightmare.