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Stage I to Stage IV in one afternoon

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smart12237

Junior Member
What is the name of your state? Illinois

My husband was 45 years old last July when he visited our primary care physician complaining of painful urination and blood in the urine. After doses of antibiotics that did not work, the doctor referred him to a urologist, telling him it could possibly be kidney stones or bladder cancer. He visitied the urologist, who did several tests, all negative, and said he should have a cystscopy but did not schedule one. Fast forward to November and my husband cannot urinate at all one morning. Went to the emergency room and they catheterized him. The bag was full of dark red blood. He was admitted and finally the next day the cystcsopy was done. The urologist "stumbled upon" some growths and took a biopsy: Bladder cancer. He couldn't stop saying how surprised he was, that this was an "old man's disease". It was confined to the wall of the bladder but the lab report states Grade 3-4 (which is agressive and tends to come back once it is gone). The standard treatment for Stage 1 is BCG treatments through a catheter, but the doctor did not hook him up with an oncologist for treatment until January. My husband met the oncologist exactly ONCE. He never examined him, was never even there for one treatment. During this 6 week treatment program, he was constantly bleeding while urinating, had clots, painful urination etc., all of which the urologist assured him was normal. Once this treatment was over, he was supposed to have another cystcsopy to see the progress, but this was not done until March. Nothing in between, no CT scan, no MRI, NOTHING except another trip to the emergency room, more catheters, constant antibiotics and pain pills. During his visits to the urologist (never saw the oncologist), he would take a urine test, the doc would say "I don't like the way that looks" and that was it. During the March cystcopy, another biopsy was performed: now it had spread to the muscle (Stage 2). The doc told him he had to have the bladder removed, and to go to Mayo Clinic. Mayo wanted a CT scan, so my husband had it done here in Illinois and sent it over on CD, along with the radiologist's report stating that everything was normal other than the bladder. On April 30, we saw the urologist at Mayo and to make a long story short, he tells us, no bladder removal was to be done because it was now in the lymph nodes, according to the CT scan we had done at home. He showed us on the computer and said it was very obvious. Why did the doctor or radiologist at home not catch this? I don't think the urologist at home even looked at it, and the radiologist is obviously an idiot. We had to wait over a month and travel out of state just to have a CT scan read correctly. He (the Mayo doc) did a surgical procedure to cauterize the bleeding (why didn't the other urologist ever do this?) and then sent us on our way. My husband had to start from scratch trying to find a new oncologist and urologist since the other 2 he was using just completely screwed things up. With chemo, he has maybe a year to a year and a half. I have a thousand questions and regrets. This should not have happened. An otherwise healthy 46 year old man is nowterminally ill because no doctor took this seriously enough. Do we have a case?What is the name of your state?
 


D

dedlock

Guest
What is the name of your state? Illinois

My husband was 45 years old last July when he visited our primary care physician complaining of painful urination and blood in the urine. After doses of antibiotics that did not work, the doctor referred him to a urologist, telling him it could possibly be kidney stones or bladder cancer. He visitied the urologist, who did several tests, all negative, and said he should have a cystscopy but did not schedule one. Fast forward to November and my husband cannot urinate at all one morning. Went to the emergency room and they catheterized him. The bag was full of dark red blood. He was admitted and finally the next day the cystcsopy was done. The urologist "stumbled upon" some growths and took a biopsy: Bladder cancer. He couldn't stop saying how surprised he was, that this was an "old man's disease". It was confined to the wall of the bladder but the lab report states Grade 3-4 (which is agressive and tends to come back once it is gone). The standard treatment for Stage 1 is BCG treatments through a catheter, but the doctor did not hook him up with an oncologist for treatment until January. My husband met the oncologist exactly ONCE. He never examined him, was never even there for one treatment. During this 6 week treatment program, he was constantly bleeding while urinating, had clots, painful urination etc., all of which the urologist assured him was normal. Once this treatment was over, he was supposed to have another cystcsopy to see the progress, but this was not done until March. Nothing in between, no CT scan, no MRI, NOTHING except another trip to the emergency room, more catheters, constant antibiotics and pain pills. During his visits to the urologist (never saw the oncologist), he would take a urine test, the doc would say "I don't like the way that looks" and that was it. During the March cystcopy, another biopsy was performed: now it had spread to the muscle (Stage 2). The doc told him he had to have the bladder removed, and to go to Mayo Clinic. Mayo wanted a CT scan, so my husband had it done here in Illinois and sent it over on CD, along with the radiologist's report stating that everything was normal other than the bladder. On April 30, we saw the urologist at Mayo and to make a long story short, he tells us, no bladder removal was to be done because it was now in the lymph nodes, according to the CT scan we had done at home. He showed us on the computer and said it was very obvious. Why did the doctor or radiologist at home not catch this? I don't think the urologist at home even looked at it, and the radiologist is obviously an idiot. We had to wait over a month and travel out of state just to have a CT scan read correctly. He (the Mayo doc) did a surgical procedure to cauterize the bleeding (why didn't the other urologist ever do this?) and then sent us on our way. My husband had to start from scratch trying to find a new oncologist and urologist since the other 2 he was using just completely screwed things up. With chemo, he has maybe a year to a year and a half. I have a thousand questions and regrets. This should not have happened. An otherwise healthy 46 year old man is nowterminally ill because no doctor took this seriously enough. Do we have a case?What is the name of your state?
Your case is complex and needs to be reviewed by at least one medical malpractice attorney. It will be cost effective for you to obtain all the medical records to provide an attorney. It is important to get the records from the Mayo Clinic. You can do this by contacting the medical record department and having them sent to you.

I wish you and your husband the best in dealing with this unfortunate situation.
 

ellencee

Senior Member
What is the name of your state? Illinois

My husband was 45 years old last July when he visited our primary care physician complaining of painful urination and blood in the urine. After doses of antibiotics that did not work, the doctor referred him to a urologist, telling him it could possibly be kidney stones or bladder cancer. He visitied the urologist, who did several tests, all negative, and said he should have a cystscopy but did not schedule one. Fast forward to November and my husband cannot urinate at all one morning. Went to the emergency room and they catheterized him. The bag was full of dark red blood. He was admitted and finally the next day the cystcsopy was done. The urologist "stumbled upon" some growths and took a biopsy: Bladder cancer. He couldn't stop saying how surprised he was, that this was an "old man's disease". It was confined to the wall of the bladder but the lab report states Grade 3-4 (which is agressive and tends to come back once it is gone). The standard treatment for Stage 1 is BCG treatments through a catheter, but the doctor did not hook him up with an oncologist for treatment until January. My husband met the oncologist exactly ONCE. He never examined him, was never even there for one treatment. During this 6 week treatment program, he was constantly bleeding while urinating, had clots, painful urination etc., all of which the urologist assured him was normal. Once this treatment was over, he was supposed to have another cystcsopy to see the progress, but this was not done until March. Nothing in between, no CT scan, no MRI, NOTHING except another trip to the emergency room, more catheters, constant antibiotics and pain pills. During his visits to the urologist (never saw the oncologist), he would take a urine test, the doc would say "I don't like the way that looks" and that was it. During the March cystcopy, another biopsy was performed: now it had spread to the muscle (Stage 2). The doc told him he had to have the bladder removed, and to go to Mayo Clinic. Mayo wanted a CT scan, so my husband had it done here in Illinois and sent it over on CD, along with the radiologist's report stating that everything was normal other than the bladder. On April 30, we saw the urologist at Mayo and to make a long story short, he tells us, no bladder removal was to be done because it was now in the lymph nodes, according to the CT scan we had done at home. He showed us on the computer and said it was very obvious. Why did the doctor or radiologist at home not catch this? I don't think the urologist at home even looked at it, and the radiologist is obviously an idiot. We had to wait over a month and travel out of state just to have a CT scan read correctly. He (the Mayo doc) did a surgical procedure to cauterize the bleeding (why didn't the other urologist ever do this?) and then sent us on our way. My husband had to start from scratch trying to find a new oncologist and urologist since the other 2 he was using just completely screwed things up. With chemo, he has maybe a year to a year and a half. I have a thousand questions and regrets. This should not have happened. An otherwise healthy 46 year old man is nowterminally ill because no doctor took this seriously enough. Do we have a case?What is the name of your state?
Illinois has a comparative negligence component to any medmal lawsuit. The plaintiff is barred from recovery is the plaintiff's fault equals >50%. If the plaintiff is at fault for <50%, any award will be reduced by the percentage attributable to the plaintiff.

One type of plaintiff negligence is "assumption of risks". I believe the defense will assert that the plaintiff assumed a significant portion of the risks by failing to have the cystogram, even if it meant finding another physician or returning to his primary physician with the recommendation to have a cystogram. The plaintiff waited three months before following up and each time the plaintiff was seen by a physician, the plaintiff waited without asserting any effort to find the true diagnosis and receive proper treatment. A reasonable person, who has been told that cancer is a real possibility, will not sit idly by and wait on someone else to assert his/her concerns.

I believe it will not be difficult at all to prove negligence on the part of the physicians who failed to timely follow-up with diagnosing and initiation of treatment.

My biggest concern is the plaintiff's assumption of risks.

To verify the Illinois information, simply do a web search for comparative negligence Illinois medical malpractice lawsuits. There are numerous references that are easily available and easily understood by laymen.

EC
 

ellencee

Senior Member
For the last almost four years, I defended physicians and hospitals in medical malpractice cases. I think you should find a medical malpractice attorney NOW! You have statute of limitations issues that a defense attorney is going to jump on - I have not looked at Illinois, but in Michigan the statute of limitations is 2 years from the date of accrual or six months from the date of discovery whichever is greater. Within that time period a carefully drafted Notice of Intent to Sue must be filed. There is work to do and your attorneys will need all the time they can get.

If I were on the defense side, I would hesitate to argue to a jury assumption of the risk and lay blame on your husband in this situation, so I wouldn't let that argument worry you.
Good luck and God Bless You.
Renee, perhaps in your state, assumption of risk is no big deal to a jury; however, in the three states that I consult, no attorney, plaintiff or defense, would ignore this possible impact on the claim. It would be more than foolish to advise someone to not let that argument "worry you" and thereby give a sense of false exclusivity for physician negligence.

EC
 
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