Legal Question

Cat64

Hi All!
I'm not sure if you can help with this, but learning how resourceful you all seem to be thought I'd give it a shot. It may have happened to someone else...
I first found my lump back in May of '08. (Thanks to my dog) Didn't have any insurance, so I went to the Health Dept. They told me of the SBK Grant & sent me to have a Mammo at "UNNAMED" hospital. Results came back "no suspicious abnormality", the nurse was ready to send me on my way. I raised my sweet little quiet/shy voice and said "excuse me"! But, you can clearly feel and SEE this lump!
She stepped out of the room, came back & said we will schedule you for an US. This was mid July. Now,let me tell you that experience! I'm having my US done...she states she sees cysts and says to me normally Cancer shows up (white),but yours are dark. Ok....then a man in plain clothes walks in ON HIS CELL PHONE the entire time mind you, looks at the screen, pats me on the shoulder & says "you have a cluster of cysts" and walks out.(what was his name?!) The tech says if you have any pain or "IF" it gets any bigger, come back. Oh yes,I'll be sure to do that!(Sorry-I can be a SmartA**)Received a letter with the same results.Of course the pain got worse and this thing grew! Being that we are self-employed,had a household of("9")!! at the time, we did not have ins. So, I turned to our wonderful govt. for help. This took me literally almost a year & 1/2!!! Oh, believe me, I called, I wrote letters etc..! In April of '09, I finally was covered. The next dilemma was finding someone to accept this particular ins.(ob/gyn)I preferred a woman at the time,no way! Moved on to men,nope. Then, nothing close, ok go a little farther, still nothing! Are you sensing my frustration yet?! So, my hubby says just go to my doctor! Fine! I don't care much for him & you have to wait forever, but he is the one that immediately ordered all these test that found the Beast, as well as other things I had no knowledge of! For that, I am greatful.(or am I?) I did not know the size of this lump until I went to p/u the films from the "UNNAMED" hospital just a month ago. Then, it was 1.14cm. And guess what? I could SEE it!(It's 2.8 now) So...this anger(poison) just keeps lingering and I need to relieve myself of it! I have already called one attorney, they said unless it causes "injury or loss", there's nothing I can do. It's not a priority at the top of my list right now, but if need be, I'll prepare for yet another fight! I'm working on a journal of all these events now. It doesn't change the fact that I have a Beast in my chest I get that. And who knows what I may injure/lose in the future. However, doesn't this fall under "Medical Misdiagnosis"? Would it of made a difference if they further evaluated this then? Or am I just looking for someone to blame? You can be honest! :-)Thanks!
Cathy

DianeBC

Lawsuit?
Hi Cathy. Personally, I would say that you probably don't have anyone to sue, but, I am not an attorney. Did you see an oncologist or a doctor at the very first of this? I didn't see where you did. The only person that can really answer whether there are grounds for a lawsuit would be a lawyer. So, make an appointment with one when you have time and go over all of this with him. I wish you good luck Cathy with your treatment.

Hugs, Diane ♥

New Flower

DianeBC said:

Lawsuit?
Hi Cathy. Personally, I would say that you probably don't have anyone to sue, but, I am not an attorney. Did you see an oncologist or a doctor at the very first of this? I didn't see where you did. The only person that can really answer whether there are grounds for a lawsuit would be a lawyer. So, make an appointment with one when you have time and go over all of this with him. I wish you good luck Cathy with your treatment.

Hugs, Diane ♥

Did they give you a formal report?
Cathy Sorry for the problems. Did the the hospital or radiologist give you a formal report? Do you have those films? In order to present your case to need to have some documentation for misdiagnosed lump.
Yes laweres want clear and simple cases and I wish you to find the one who will take your case.
Good luck with your treatment,
New Flower

jnl

New Flower said:

Did they give you a formal report?
Cathy Sorry for the problems. Did the the hospital or radiologist give you a formal report? Do you have those films? In order to present your case to need to have some documentation for misdiagnosed lump.
Yes laweres want clear and simple cases and I wish you to find the one who will take your case.
Good luck with your treatment,
New Flower

Just talk with an attorney.
Just talk with an attorney. They will be able to tell you if you have a case or not.

Good luck to you. Let us know.

Leeza

Cat64

DianeBC said:

Lawsuit?
Hi Cathy. Personally, I would say that you probably don't have anyone to sue, but, I am not an attorney. Did you see an oncologist or a doctor at the very first of this? I didn't see where you did. The only person that can really answer whether there are grounds for a lawsuit would be a lawyer. So, make an appointment with one when you have time and go over all of this with him. I wish you good luck Cathy with your treatment.

Hugs, Diane ♥

The Only
Dr. I saw was the one at the HDept. My first appt. w/Oncol. is the 2nd.
While I was talking to the nurse at the Surgeon's office and told her a quick version of the story, she gave me "that look" and asked me if I was doing anything about it. I told her I had contacted one attorney and what they said. It seemed to of made her mad also. But, I just want to make sure I'm not wasting any valuable time on this!
Thanks Diane!
Hugz,
Cathy

Cat64

New Flower said:

Did they give you a formal report?
Cathy Sorry for the problems. Did the the hospital or radiologist give you a formal report? Do you have those films? In order to present your case to need to have some documentation for misdiagnosed lump.
Yes laweres want clear and simple cases and I wish you to find the one who will take your case.
Good luck with your treatment,
New Flower

I have
the films, the report, and the letters they sent to me.
Thanks NF!
Hugz,
Cathy

Cat64

jnl said:

Just talk with an attorney.
Just talk with an attorney. They will be able to tell you if you have a case or not.

Good luck to you. Let us know.

Leeza

Thanks Leeza!
Guess I will pursue then! Appreciate the feedback!
Hugz,
Catny

Akiss4me

Cat64 said:

The Only
Dr. I saw was the one at the HDept. My first appt. w/Oncol. is the 2nd.
While I was talking to the nurse at the Surgeon's office and told her a quick version of the story, she gave me "that look" and asked me if I was doing anything about it. I told her I had contacted one attorney and what they said. It seemed to of made her mad also. But, I just want to make sure I'm not wasting any valuable time on this!
Thanks Diane!
Hugz,
Cathy

Your not wasting valuable time, Cathy
Best advice I can give you is.....document, document, document!! We're talking dates, who you spoke with, what was said (use quotes if you remember them) and everything that happened in detail. Get yourself a three ring binder (3" one) because it will fill up quickly! I have successfuly won one medical case and I am on a second one. You need to document everything you can for the inauragatories you will do and for the depositions. Do know that these cases take years to resolve (average 3-7). Speak with several attorneys (ones that specialize in injury suites) as I believe that you have suffered at the least a bigger scar from removing a bigger tumor. Anxiety from feeling the lump and trying to believe it was ok from their word. Suffering and anguish once it was realized you had been misdiagnosed. A good attorney will know how to proceed. Good luck and hope it all works out for you. ♥ Pammy

survivorbc09

I am so sorry Cathy for your
I am so sorry Cathy for your having to go thru this. The one thing I do want to state is that what you had that year and a half before you got insurance could have been a cyst or cysts. But, by waiting that year and a half, the cells could have gone crazy and it turned into cancer. I know this because I point blank asked my oncologist that if I would have come in sooner, when I first felt my lump, if it would have not been bc and he said that it might not have been bc at that time. It could have been just a cyst. So, I just wanted you to know that. Good luck!