Lawyers won't take my case. Do I have a case?? Advice please!

[Truegoddess22]

Just because an answer is what you want to hear does not make it legally valid or correct.

YOU didn't know about the mass in the left lung but chances are HE knew and was told about it when it was found. There must have been a reason nothing was done about it then, perhaps you can get more information from his doctors. But that may have had nothing to do with the cancer he developed later.

An x-ray is not the most precise imaging technology available and there is no way to know exactly what you will see when you open someone up until you actually do it. An MRI would have provided more information but since surgery was already scheduled it was likely found unnecessary.

Even if they had known how bad the cancer was, they might have still advised surgery, and even if he had lived a little longer, it probably would have been in great pain and discomfort from the cancer treatments he would have needed. It sounds like as it was he did not suffer at all and everything happened pretty fast. That is very traumatic for you but less so for him. I would suggest some grief counseling to help you deal with your unexpected loss. I do not see any case for a lawsuit because lawyers won't take the case, and because his cancer sounds like it was terminal regardless of what treatment was performed.

They did not only do X-rays. They did pulmonary testing, and MRI, PET scan and a CT scan. They had ALL of these tests ran and yet they still didn't know how bad the cancer was?

 

[ecmst12]

It's entirely possible. Imaging is not perfect. Have you spoken with the doctors about what happened? They may be able to answer some questions and give you some closure.

 

[Truegoddess22]

It's entirely possible. Imaging is not perfect. Have you spoken with the doctors about what happened? They may be able to answer some questions and give you some closure.

No, I have not. I thought about calling his surgeon because an attorney said that if he would agree to testify in court that we might have a case but we never called him.

 

[asiny]

Please accept my condolences on the loss of your father.

Going over his records we noticed that there were many things that the doctor didn't tell us like he also had a mass in his lower left lung since 2008 that we NEVER knew about, along with other things that we weren't told about.

I'm a little confused with the timeline;

Your father knew he had this since 2008 - and no surgery was done until Feb. 2011 because the hospital 'accidentally' discovered it in Nov. 2010.

It seems as though your father knew he had this problem, kept it to himself and he decided to ignore it. Ultimately, when he finally decided to get surgery, his heart 'may' have been too weak to recover.

 

[Truegoddess22]

Please accept my condolences on the loss of your father.



I'm a little confused with the timeline;

Your father knew he had this since 2008 - and no surgery was done until Feb. 2011 because the hospital 'accidentally' discovered it in Nov. 2010.

It seems as though your father knew he had this problem, kept it to himself and he decided to ignore it. Ultimately, when he finally decided to get surgery, his heart 'may' have been too weak to recover.

No, in reviewing his medical records it stated that he had a mass in his left lung that was possibly benign. He never knew it. The mass that was discovered in 2010 was located in his upper right lung

 

[asiny]

No, in reviewing his medical records it stated that he had a mass in his left lung that was possibly benign. He never knew it. The mass that was discovered in 2010 was located in his upper right lung

I understand now. When you say 'possibly benign'... Was there a biopsy performed? I find it difficult to believe the doctor found a mass and just said 'we'll just leave it, it's probably benign'. And whilst I agree the mass was discovered in his left lung - whilst the 2010 was in the ur lung you stated;

The surgeon gets into his chest and find out that it's the whole entire right lung instead of the small area they thought it was. He removes the whole right lung and closes him back up.

Seeing as an autopsy was never performed - any malpractice suit does seem difficult (at best). At this stage what is know about how much the 2008 discovery had spread by 2010?

I apologise for these type of queries but any attorney you goto - who is at least diligent - is going to question these facts too. And if you find an attorney who will take your case, on contingency, then by all means - go right ahead.

Take the advice of many here and, apparently, attorneys you have approached - there is no case.

If you are more interested in discovering WHAT your father died of - ask the medical examiner what made them rule the COD as ischemic heart disease. See if the ME will contact the surgeon who performed the work, compare notes and see if they can come to an agreement as to what happened.

 

[Truegoddess22]

I understand now. When you say 'possibly benign'... Was there a biopsy performed? I find it difficult to believe the doctor found a mass and just said 'we'll just leave it, it's probably benign'. And whilst I agree the mass was discovered in his left lung - whilst the 2010 was in the ur lung you stated;


Seeing as an autopsy was never performed - any malpractice suit does seem difficult (at best). At this stage what is know about how much the 2008 discovery had spread by 2010?

I apologise for these type of queries but any attorney you goto - who is at least diligent - is going to question these facts too. And if you find an attorney who will take your case, on contingency, then by all means - go right ahead.

Take the advice of many here and, apparently, attorneys you have approached - there is no case.

If you are more interested in discovering WHAT your father died of - ask the medical examiner what made them rule the COD as ischemic heart disease. See if the ME will contact the surgeon who performed the work, compare notes and see if they can come to an agreement as to what happened.

There was no biopsy performed on the mass found in 2008. There was nothing in his records that stated that. The mass that was found in 2008 was in the LEFT lung. The cancer that found this past November was in the upper RIGHT lung.

There was no autopsy performed although we paid for one. The ME said we didn't need one. I welcome any and all questions you have.

I contacted the surgeon today and he said that ischemic heart disease was NOT the cause of death and that he doesn't know exactly how my dad passed.

 

[Proserpina]

There was no biopsy performed on the mass found in 2008. There was nothing in his records that stated that. The mass that was found in 2008 was in the LEFT lung. The cancer that found this past November was in the upper RIGHT lung.

There was no autopsy performed although we paid for one. The ME said we didn't need one. I welcome any and all questions you have.

I contacted the surgeon today and he said that ischemic heart disease was NOT the cause of death and that he doesn't know exactly how my dad passed.

How could he say either way if he didn't know the COD?

 

[Truegoddess22]

How could he say either way if he didn't know the COD?

I don't know but at the same time how can someone list a COD if they don't have one? Shouldn't they have left it blank or pending? The surgeon himself said they were still investigating it.

 

[Proserpina]

I don't know but at the same time how can someone list a COD if they don't have one? Shouldn't they have left it blank or pending? The surgeon himself said they were still investigating it.

I would put money on your father having a history of IHD.

Therefore, it is certainly one very obvious possibility and it would not be unreasonable to make such an assumption.

TG, I understand you're looking for answers. But truly, there is no lawsuit here.

I echo the suggestion of talking to the ME.

 

[Truegoddess22]

I would put money on your father having a history of IHD.

Therefore, it is certainly one very obvious possibility and it would not be unreasonable to make such an assumption.

TG, I understand you're looking for answers. But truly, there is no lawsuit here.

I echo the suggestion of talking to the ME.

If he had a history of IHD, we never knew about it. He was never on any type of heart medications, he was not having regular checkups and all his EKG's/blood work came back fine whenever had one. Also, there was no mention of IHD in his medical records. Thanks for commenting.

 

[OHRoadwarrior]

I am not a doctor, however, reduced breathing capacity would cause less blood oxygenation and I think could then result in IHD.

 

[ecmst12]

There was no autopsy and the body was cremated....there is no way at this point to find out what really happened, and even if a case was a possibility, that is one hurdle you can't overcome. There isn't enough evidence to prove anything.

 

[asiny]

There was no biopsy performed on the mass found in 2008. There was nothing in his records that stated that. The mass that was found in 2008 was in the LEFT lung. The cancer that found this past November was in the upper RIGHT lung.

There was no autopsy performed although we paid for one. The ME said we didn't need one. I welcome any and all questions you have.

I contacted the surgeon today and he said that ischemic heart disease was NOT the cause of death and that he doesn't know exactly how my dad passed.

I don't know if you feel the need to bold all your text and user UPPER CASE words as though they were not understood.

Is there a reason WHY a biopsy was not performed in 2008? Can you consult with the doctor who discovered the mass in 2008 and find out why and, if someone is denied the biopsy?

And I completely understand the 2008 mass was in the LEFT lung and the 2010 was in the UPPER RIGHT lung. If there was never a biopsy on the 2008 mass, is there any proof that this did not spread to the UPPER RIGHT lung because you said;
The surgeon gets into his chest and find out that it's the whole entire right lung instead of the small area they thought it was. He removes the whole right lung and closes him back up.

It seems you do have one argument you can make;

There was no autopsy performed although we paid for one.
Why was there no autopsy performed? If the ME said, 'you don't need one' who agreed and said 'don't do one'?

If I paid for an autopsy on my father (rip) to determine COD and they never did one - without consulting me first - I have every right to sue them for not performing to guarantee COD.

I contacted the surgeon today and he said that ischemic heart disease was NOT the cause of death and that he doesn't know exactly how my dad passed.

Completely understood that part too - have the ME and the surgeon discussed what the possible COD was? Have the ME and surgeon EVER met in discussion of what happened to your father?

Repeating the same story over again to questions - does not make your story any more a convincing case.

As many users - much more learned that I - have said, there is no case here. And if there was, the fact that you have no autopsy is a very large hurdle to overcome.

It seems you want everyone in here to agree with you that you have a case and what you should do to go ahead with it. But, as you are aware, this is a LEGAL advice forum and not a tell-them-what-they-want-to-hear forum.

What happened to your family is terrible - I have been through it and don't wish it on my worse enemy - but the sad fact is there is no case. Be strong for your family and be there for them.

At the end of the day - you can always go and pay an attorney to fight your case for you. If you find one that accepts and wins - please return to this forum and tell us that we are all wrong about there not being a case in it.

 

[Truegoddess22]

I don't know if you feel the need to bold all your text and user UPPER CASE words as though they were not understood.

Is there a reason WHY a biopsy was not performed in 2008? Can you consult with the doctor who discovered the mass in 2008 and find out why and, if someone is denied the biopsy?

And I completely understand the 2008 mass was in the LEFT lung and the 2010 was in the UPPER RIGHT lung. If there was never a biopsy on the 2008 mass, is there any proof that this did not spread to the UPPER RIGHT lung because you said;
The surgeon gets into his chest and find out that it's the whole entire right lung instead of the small area they thought it was. He removes the whole right lung and closes him back up.

It seems you do have one argument you can make;

There was no autopsy performed although we paid for one.
Why was there no autopsy performed? If the ME said, 'you don't need one' who agreed and said 'don't do one'?

If I paid for an autopsy on my father (rip) to determine COD and they never did one - without consulting me first - I have every right to sue them for not performing to guarantee COD.


Completely understood that part too - have the ME and the surgeon discussed what the possible COD was? Have the ME and surgeon EVER met in discussion of what happened to your father?

Repeating the same story over again to questions - does not make your story any more a convincing case.

As many users - much more learned that I - have said, there is no case here. And if there was, the fact that you have no autopsy is a very large hurdle to overcome.

It seems you want everyone in here to agree with you that you have a case and what you should do to go ahead with it. But, as you are aware, this is a LEGAL advice forum and not a tell-them-what-they-want-to-hear forum.

What happened to your family is terrible - I have been through it and don't wish it on my worse enemy - but the sad fact is there is no case. Be strong for your family and be there for them.

At the end of the day - you can always go and pay an attorney to fight your case for you. If you find one that accepts and wins - please return to this forum and tell us that we are all wrong about there not being a case in it.

I don't feel like I everyone needs to agree with me but at the same time I have all the facts in front in me. I contacted another attorney today and he has said that it sounds like I may have a case, but he needs more evidence.

I have an appointment next week to talk with the surgeon who operated on my dad to get clearer answers.