lawsuit

Patteee
Patteee Member Posts: 945
edited March 2014 in Colorectal Cancer #1
I am 7 months into what looks like will be about a 2 year process, suing the doctor and clinic for not meeting the standard of care, ie documented history of 8 years of colon issues, family history of colon cancer and so forth. The gold standard of care is a colonoscopy and it was never mentioned. Oh, everything else was done, leading me to believe colon cancer was ruled out, not realizing then that the only way to rule out colon cancer was a colonoscopy.

At any rate, I was curious if anyone has sued for a misdiagonsis- what their process was like, how long it took and so forth.

Comments

  • kristasplace
    kristasplace Member Posts: 957 Member
    #2
    Suing
    Hello! I had a similar problem with standard of care. I was symptomatic for two years (bleeding, abdominal pain, the works), and over those two years went to the ER three times. They kept telling me it was internal hemorhoids, and blew me off. Even when i had a 3cm tumor, somehow their CT scan didn't see it (there was a blockage by that time, and i know now that the contrast wasn't getting passed it, so they couldn't see it). There were a lot of other mistakes and misdiagnosis as well. After my cancer diagnosis, we attempted to sue. We had an attorney interested, she told us there was obvious negligence, but there was so much hell we were going to have to go through, and i was in treatment, we decided to wait until i felt better. Well, with malpractice lawsuits, as with many others i suppose, there is a time limit in which you can file. For malpractice, it's about six months to a year. I never did feel better, so ours ran out. I don't know if i'll ever regret not going through with it. My main concern was that others would go through what i went through, and maybe my lawsuit would've changed things. Then again, maybe not. Just know that if you do decide to sue, it can cause you a lot more stress than your cancer and treatment. You really have to make sure it's going to be worth it.

    Good luck, and let us know how it goes!
    Hugs,
    Krista
  • Patteee
    Patteee Member Posts: 945
    #3
    kristasplace said:

    Suing
    Hello! I had a similar problem with standard of care. I was symptomatic for two years (bleeding, abdominal pain, the works), and over those two years went to the ER three times. They kept telling me it was internal hemorhoids, and blew me off. Even when i had a 3cm tumor, somehow their CT scan didn't see it (there was a blockage by that time, and i know now that the contrast wasn't getting passed it, so they couldn't see it). There were a lot of other mistakes and misdiagnosis as well. After my cancer diagnosis, we attempted to sue. We had an attorney interested, she told us there was obvious negligence, but there was so much hell we were going to have to go through, and i was in treatment, we decided to wait until i felt better. Well, with malpractice lawsuits, as with many others i suppose, there is a time limit in which you can file. For malpractice, it's about six months to a year. I never did feel better, so ours ran out. I don't know if i'll ever regret not going through with it. My main concern was that others would go through what i went through, and maybe my lawsuit would've changed things. Then again, maybe not. Just know that if you do decide to sue, it can cause you a lot more stress than your cancer and treatment. You really have to make sure it's going to be worth it.

    Good luck, and let us know how it goes!
    Hugs,
    Krista

    thanks Krista
    I know there are some hurdles with this, and definitely haven't decided if it is worth it yet. What I have found, more than anything, is this responsibility to myself to stand up and take care of myself. And for me, that means holding the ones who made the errors accountable for their actions. You and I, and I am guessing a whole lot of us, know what it is like to be discounted and dismissed by the medical profession. Basically I was told for 8 years that I was post-menopausal, needed to lose weight, get more exercise, add more fiber, that I had IBS, blah blah blah. I had colon cancer and was made to feel like I was a hysterical female. Testing was done, scans, blood workup, even had a barium enema- all were negative (however now those results are being questioned)- and there was this over-confidence in the testing...and frankly, I am a bright woman, but after years of this I really began to question if I was a psych case. My surgeon in her medical summary said, "After 8 years of progressively worse symptoms, somebody finally listened to this patient and did a colonoscopy". I guess the added stress of all of this is a concern- but the anger is driving me- and no matter the outcome, I am needing a sense that I did everything I could to hold people accountable for their actions.
  • KathiM
    KathiM Member Posts: 8,028 Member
    #4
    Medical Malpractice...hard and long...cap of $250,000
    My younger daughter died at the hands of the facility she was in. I was warned that it would take a long time (even tho the evidence was all there...). It took 2 years, and finally my agreeing to settle. Part of that agreement was that the facility did not admit guilt. I can only hope that policy will change, but even that 'may not happen', according to my attorney.

    (BTW, negotiate BEFOREHAND on your attorney fees...mine will end up with almost 40% of the award).

    Hugs, Kathi
  • Sundanceh
    Sundanceh Member Posts: 4,392 Member
    #5
    KathiM said:

    Medical Malpractice...hard and long...cap of $250,000
    My younger daughter died at the hands of the facility she was in. I was warned that it would take a long time (even tho the evidence was all there...). It took 2 years, and finally my agreeing to settle. Part of that agreement was that the facility did not admit guilt. I can only hope that policy will change, but even that 'may not happen', according to my attorney.

    (BTW, negotiate BEFOREHAND on your attorney fees...mine will end up with almost 40% of the award).

    Hugs, Kathi

    MIsdiagnosed as well
    I concur with Krista and Kathi

    They misdiagnosed me for 3 years with hemhrroids and bleeding and the I got the colorectal cancer confirmed.

    I went to 10 lawyers who said I had a case, but I was "NOT ECONOMICALLY VIABLE." The cap is for $250,000 and you can't go back over 2 years.

    They all said I had a case, but none would take me and moved me on down the road. With all of the cancer going on, I had to fight that instead of a lawsuit.

    -Craig
  • Madre
    Madre Member Posts: 123
    #6
    Patteee said:

    thanks Krista
    I know there are some hurdles with this, and definitely haven't decided if it is worth it yet. What I have found, more than anything, is this responsibility to myself to stand up and take care of myself. And for me, that means holding the ones who made the errors accountable for their actions. You and I, and I am guessing a whole lot of us, know what it is like to be discounted and dismissed by the medical profession. Basically I was told for 8 years that I was post-menopausal, needed to lose weight, get more exercise, add more fiber, that I had IBS, blah blah blah. I had colon cancer and was made to feel like I was a hysterical female. Testing was done, scans, blood workup, even had a barium enema- all were negative (however now those results are being questioned)- and there was this over-confidence in the testing...and frankly, I am a bright woman, but after years of this I really began to question if I was a psych case. My surgeon in her medical summary said, "After 8 years of progressively worse symptoms, somebody finally listened to this patient and did a colonoscopy". I guess the added stress of all of this is a concern- but the anger is driving me- and no matter the outcome, I am needing a sense that I did everything I could to hold people accountable for their actions.

    tough road
    3 years prior to my cancer I had a complete hystercetomy due to severe endometrosis. Despite family history of blood clots and all the females in my family not being able to take birth control (clotting) they told me "It is different now" so Had surgery, had hormone therapy, had a pulmonary embolism a week later and almost died. Messed up my thyroid too. Then the pharmacy over doesed my anti depressant medication ( I wasn't depressed, they used it for menepause sysmptoms)that put me in withrawal when I went off it. Same thing, doctor thought I was a hypocondriac. The pharmacy did agree they screwed up and I got $5000. Didn't even pay for all the lost wages and medical bills from co-pays and testing to find out why I was so sick. The doctor said "We can't prove that the medication caused these problems, even asprin has a warning lable". 3 years later I was diagnosed with 3B colon cancer. Would probably have uterine or ovarian cancer too if it wasn't removed. My gyn has black listed me and I haven't seen him since. I got all new family doctors. My thinking is, with all their screw ups, I am glad THEY weren't the ones to find my colon cancer because they would have screwed up more. My new doctor says "Even if the cancer was there then it doesn't matter, now is what you have to focus on". I guess my point is, you will hve to use a lot of energy to fight the system and you will need a lot of energy to fight cancer. How much energy do you have. Once we hear bad news human nature is to blame someone. Good luck to you in whatever you decide. Prayers you beat cancer.
  • Patteee
    Patteee Member Posts: 945
    #7
    I think
    caps on medical malpractice and how far back time wise you can go, vary from state to state. My understanding at this point is Minnesota (which is where I am at) does not have a cap and the statuate of limitations is 4 years
  • KathiM
    KathiM Member Posts: 8,028 Member
    #8
    Patteee said:

    I think
    caps on medical malpractice and how far back time wise you can go, vary from state to state. My understanding at this point is Minnesota (which is where I am at) does not have a cap and the statuate of limitations is 4 years

    Yes, I'm in California....so that is what I know...
    The challenge is to prove that your doctor was:(according to Wikipedia...)"Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient." The 'deviates from accepted standards' is what you will need to prove...and, sadly, accepted standards are no colonoscopy till 50 years, unless indicated by family history. Not even insurance companies will underwrite the cost...sigh...

    I'm not saying that you should not go for it, just don't be surprised if it takes awhile...and that if you want money, there is that, but if you want change...well, many doctors don't get involved...they let their malpractice lawyers handle everything they can. (Again, I know that's the case in California...) and they pretty much just shrug their shoulders...

    Sorry if I sound negative...I guess I learned from my daughter's death that the only people changed by it was her family and friends...

    Hugs, Kathi
  • pamysue
    pamysue Member Posts: 105
    #9
    My PCP told me for almost 5
    My PCP told me for almost 5 years that my constant diarreha was irritable bowel syndrome and to cut the stress in my life. (He knew I had a high stress job.) I had to have an emergency double hemmoroidectomy and after that the surgeon suggested I have a colonoscopy. I had stage 3 rectal cancer at age 45. If not for the surgery, I would have been dead by the time I turned 50 and got a colonoscopy. Didn't sue my PCP but would have liked to chop his head off.
  • krystle singer
    krystle singer Member Posts: 108
    #10
    I say GO FOR IT. I've heard a statement from doctors on TV and my own doctors which goes something like this: When you hear hoofbeats, think horses, not zebras. All too many people in the medical profession just don't bother to check for stripes on the animals making the hoofbeats. My personal belief is that is just easier to brush people off than do all the testing needed. And with apologies to the gentlemen, women are given less credence when they present with symptoms that could be IBS etc when the doctor should be thinking about worst case sscenarios. I've been lucky with my doctors, not everyone is. Your case history should have been a skyscraper sized red flag.
    I wish you the best. Prayrs are with you. It is time the hoofbeats tht are zebras were heard and attended to.

    Hugs,
    Sandi

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