• 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.

Regarding my mother's new cancer...

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

davesd25

Junior Member
Okay here it is... I'm not too familiar with the whole legal system and everything but I would just like some advice on whether I have a legit case or not.
About this time last year my mother June had a minor surgery done on a tumor near her breasts. Now, June has told me that when that was done. The radiologist did not come in and mark with a "wire" the spot of the tumor. Which is precedure. So the doctor cut and blindly took the growth out. They tested it and said it was non cancerous. June spoke to a nurse and she said she wanted to speak up when she was there but she says they did not do it right. . . She is so adament that she insisted to do something about it. June trusted the system and now a year later she just had her breast removed due to a cancer in that area. She is now under going chemotherapy and they are about to find out if it has spread or not. They believe it atleast spread to her lungs. So... here it is. If they did not do their job with their precedures already set. Total Neglect. That causes my mother to die 10-15 years earlier. Anybody?
 


barry1817

Senior Member
medical

Okay here it is... I'm not too familiar with the whole legal system and everything but I would just like some advice on whether I have a legit case or not.
About this time last year my mother June had a minor surgery done on a tumor near her breasts. Now, June has told me that when that was done. The radiologist did not come in and mark with a "wire" the spot of the tumor. Which is precedure. So the doctor cut and blindly took the growth out. They tested it and said it was non cancerous. June spoke to a nurse and she said she wanted to speak up when she was there but she says they did not do it right. . . She is so adament that she insisted to do something about it. June trusted the system and now a year later she just had her breast removed due to a cancer in that area. She is now under going chemotherapy and they are about to find out if it has spread or not. They believe it atleast spread to her lungs. So... here it is. If they did not do their job with their precedures already set. Total Neglect. That causes my mother to die 10-15 years earlier. Anybody?
If a biopsy of a cancerous area is done, and the tests come back negative, that is usually an indication that the whole cancer is removed. Think of it as an ink stain on a piece of clothing. You cut the ink stain out, and remove part of the good clothing. When you look at the area cut out there should be no traces of ink at the edge.

Can a cancer come back even if the area was taken care of, unfortunately it can.

Can you prove that the area removed was not the area in question?
Can you prove that the biopsy reading were wrong?

Will the person making the statements that something is wrong be willing to testify and will her expertise be able to convince people that she knows more than a specialist in the field?

Major hurdles to proving that a problem existed and that negligence was in play.


Not regarding your case, in general, I am very leery of staff that make allegations of wrong doing and are never prepared to back up those allegations.
 

davesd25

Junior Member
Yes, she said if it came to that she would. She is an r.n. and was involved in the procedure. She was a neighbor in the past and said because of that she said something but normally nothing would be said. The test results came back non conclusive and the doctor's blew it off and said it was clear. The precedure was done not proper and the results were questionable. I can find out more information. I am not usually one and I am a skeptic of the sue happy society we are in. I would just like to do it for the principle..not for the money. You know what I mean? The same department has other pending lawsuits on them currently and her insurance has actually dropped the radiology department and just recently picked them up again. Maybe they had previous problems and could be fixed now... who knows. It just doesn't sound right. I understand they can do the best they can to figure out your problem and give a solution and they are human... but if they give their best and don't follow policy then we got a problem. You get me?
 

davesd25

Junior Member
If their policy was not followed correctly and they are risking a human life... They get paid an ridiculous amount of cash for the responsibility of a human being. Atleast lets try to do it text book instead of winging it like waiting tables... The "radiologist" that was suppose to do his job did not charge my mother. That is partial evidence right there that it was not done correctly, with the R.N and the pending lawsuits... it stacks up against the other side.
 

ecmst12

Senior Member
If they didn't remove the actual tumor and biopsied the wrong area, then that could be a problem.

But get one thing straight before you encourage your mom any further. Lawsuits are about one thing and one thing only - money. They are not about justice or principal. They cost money, and they are about getting more money back then you spend.
 

lya

Senior Member
With all of the diagnostic measures and all the treatments now being provided, surely someone has had enough sense to review the tests from a year ago. If by some chance, it has not been done, June should request a copy of the MRI films to be sent to the primary treating physician (currently) and should request a copy of all medical records to be sent directly to the current, primary treating physician.
 

petomane

Junior Member
It is common for a surgeon to remove a palpable breast mass without wire localization. Assuming that she had a mammogram as part of her initial workup, those images should be reviewed. It is possible that the palpable mass was never a malignancy and there was a coexisting malignancy, or that the wrong mass was removed. Did she have any follow up imaging between the original excisional biopsy and now?
 

Find the Right Lawyer for Your Legal Issue!

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