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should I pursue legal options ?

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ChihuahuaMom

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

My husband was diagnosed with colon cancer (stage 4 ) in November of last year. It started out with us going to the hospital because he was having pain and trouble going to the bathroom Went to E.R. was there all night they did a cat scan came back and said he may have an infection . Husband did have a choice to stay or go home at that time , he said he would feel ok going home. An hour later we got a call to come back he had a blockage . He went into surgery the surgeon said she got it all . It was a tumor. He went through chemo 4 hrs at the doctor and home with a pump with meds in it.I think he did 8 rounds . He did complain to the oncologist saying that he was getting sever stomach pains while on the pump. The oncologist lowered his meds. ( no help ) Husband had 3 P.E.T. scans. The first one said there was still some cancer so the chemo was continued. Still complaining of stomach pains all this time. Not sure when the second P.E.T. scan was but the oncologist said it didn't show anything. So my husband asked him about stopping the chemo. The doctor said a lot of people didn't complete the series and the results said there wasn't anything.

He went back to the ER with stomach pains they said he may be in infection so they gave him pain meds and antibiotics and told him to eat "light" meals ( soup , jello etc) . Still in pain.

In Feb. he had another P.E.T. scan this also said nothing showed up. Still in pain I think he went back to the ER again in March. Another C.A.T. scan still showed an "infection" or something. The doctor (surgeon) said it was in a place that she couldn't reach either by a colonoscopy or endoscopy , just keep an eye on it see what happens. Nothing was even mentioned about some kind of surgery to see if she could find the problem ! He was in for another couple of days no help.

April 16 I took him into the ER again because he had been throwing up and in alot of pain.They finally took him in to do surgery on April 21 ! The doctor said she tried to do it lapcroscopically but he was so filled with cancer she had to open him and put a iliostomy bag on . She said it didn't look good. (NO WONDER SHE WAITED TOO LONG TO GO IN ) He was discharged around May 6 . He was in pain, they had a wound nurse come in the help with his care. His surgical sight wasn't healing right so the surgeon ordered a wound vac. He had this on started to feel a little better. Still couldn't keep anything down.

May 18 he had an appt with the oncologist. At this time I recorded the conversation . The dr said that in Feb the PET scan showed nothing and his blood work showed it was normal no cancer. They discussed starting chemo again but different meds. My husband said he was agreeable to that. The only problem was that they couldn't start it until his wound was healed up come back in two weeks to see if they could start it again. .I asked about trials maybe he could get in on but the doctor said he wasn't physically able to do it at that time and he didn't have any going on at that time.

He couldn't keep anything down. Was in constant pain so he was admitted back to the hospital May 28 for fluids. The doctor said it didn't look too good. He finally had hospice come and talk to him on May 30. He wanted to go home so we took him home June 1. By June 10th he was very weak and couldn't even keep water down. He was throwing up at least every half hour or so. The hospice nurse called to have him go back in the hospital for fluids and trying to control his throwing up. He was taken back to the hospital June 12, June 15th he passed away. ( his mothers birthday )

My feeling is if the surgeon had gone in back when they first noticed this "blockage" he may have had a chance to be around a little longer. I think there was more than one mistake made in this case.
If the PET scans showed he still had cancer he would have continued his chemo maybe being able to join a trial or even go somewhere else that did.
If the oncologist was a little more persistent at to why he was still having pain even with chemo. He could have talked to the surgeon to keep her up to date what was going on.
If the surgeon had listened to my husband the numerous times he was in the ER complaining about pain . MORE THAN ONCE ! They may have gotten this disease under control !

Giving the news that the cancer was gone gave our whole family a false sense of relief . He had made plans for the whole family to go on vacation the second week of June instead the whole family was together for my husband's funeral.

My question ? Should I pursue seeking legal council ?

Thanks for any info and replies.

Sandy
 


justalayman

Senior Member
It doesn't hurt to consult an attorney and if there really is nothing it may actually help you accept the situation as it is.

You situation is quite complex and a bit uncertain on some points. I believe it is too complex and convoluted for an Internet forum to really give you much direction.
 

Proserpina

Senior Member
I can only offer my sympathy for your loss.

Your husband, sadly, was diagnosed with what is essentially incurable cancer and I'd expect that the end result would have been the same regardless and the circumstances wouldn't support a viable lawsuit. I know there's no amount of money going to soothe your loss and your sadness, but you can gather his records and have them reviewed by a med-mal attorney anyway - if only for your own peace of mind.

Best wishes to you and your family.
 

justalayman

Senior Member
I was trying to add to my post but my phone died but.



as I was wanting to add:

even if some actions may have added some time, a small amount of time generally has no legal significance if the eventual outcome would have been the same.

and you have my sympathy as well. I lost my mother to an aggressive cancer quite awhile ago now. While the doctors may have been able to do something to prolong her life a limited amount, it would not have been a great amount. WHile I would have enjoyed the time with her, in the end, the result would have been the same and in the legal aspect, that is how it is looked at.

again I would like to suggest you actually do speak with an attorney who can review the records. If there is nothing actionable, it may help you accept your loss a bit easier. I understand wondering"if" and sometimes being told by another that it would not have made much, if any, difference, it makes it a bit easier to accept the situation as it happened.
 

ecmst12

Senior Member
Also it looks like he didn't complete the full recommended treatment, so that may have made a small difference.
 

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