Lawsuit?

Fiona1
Fiona1 Member Posts: 7
edited March 2014 in Colorectal Cancer #1
My husband (39 years old) was diagnosed with stage 4 July 07. In 2004 he had hemeroids and what our family doctor called a "cyst" on his rectum. At the time I told him to ask her for a colonoscopy. She told him it wasn't necessary. This whole living hell was entirely preventable. I am considering a malpractice lawsuit against her. There has been a lot of financial and emotional burden on my family with daycare, (our children are 9 months old and 3 years old), drugs, etc. Not to mention the uncertain future. I can't believe how preventable this was and I'm having troubles dealing with everything. I think we have grounds from what I've read. What does everyone think?

Comments

  • shmurciakova
    shmurciakova Member Posts: 906 Member
    #2
    Hi Fiona,
    I am sorry about your husband's predicament. I was diagnosed at 31 with Stage III which later turned out to be Stage IV. I am happy to report that 6 years later, I am still alive and NED. As for your lawsuit. The cold hard facts are that the medical community does not generally recommend a colonoscopy nor do they expect colon cancer to show up in patients under the age of 50. So despite your doctors mistake in presuming your husband "only" had hemeroids and/or a cyst, it is not at all uncommon. I even had mentioned my rectal bleeding to my brother who is a surgeon, and his wife who was a nurse, and they told me "it's probably just hemeroids". Certainly my brother never thought I would have had colon cancer. Likewise, I started having rectal bleeding sporadically at the age of 26. I mentioned it at Planned Parenthood when I went in for my annual exams. They did a fecal blood slide test and of course I was not bleeding that day.
    They never mentioned a colonoscopy. Finally when I was diagnosed I went to the doctor for an unrelated episode of diarrhea and he said "Is there anything else you want to ask?" So, I brought up the rectal bleeding that at that point had been happening for about a month straight. He finally took this very seriously - but of course it was too late by then. Too bad no one took it seriously when I was 26. At any rate, I don't know if it is worth wasting your energy on suing your doctor. Maybe you should focus your efforts on bringing attention to the fact that only people over 50 are recommended to have a colonoscopy while younger people are coming down with this disease at increasingly alarming rates!
    Good luck to you and your husband,
    Susan H.
  • jenhopesprays
    jenhopesprays Member Posts: 128 Member
    #3
    I just turned 40 myself and am busy raising a family when I was told it was stage 4.

    Am I ticked I could have had a dang colonoscopy. YOU BET!! "you are much to young for colon cancer" Yeah gee thanks.

    The truth is that Susan is correct. We need to put all of our energies into taking care of ourselves and get the best treatment.

    I think this site shows it all. We have the most posts of any cancer, almost double the breast site.

    I just wish we could organize as well as the breast cancer folks have and get the big dollars and huge awareness that the breast folks get.

    Susan and others like her are my role models and heros. I will be relentless in my pursuit to prevent others from this situation.

    Jennifer


    http://www.mycrcconnections.com/
  • kristasplace
    kristasplace Member Posts: 957 Member
    #4
    My story is similar. Symptomatic for two years before diagnosis. In and out of the ER three times before someone finally took the bleeding seriously, and got me some help. I couldn't believe that none of my CT scans showed my tumor. Especially two months before i found out it was a T3 size. I sat down with an attorney, and she said we had an excellent case for malpractice for the 2nd CT because obviously there was some negligence. However, since that ER visit was only four months from my staging, she wouldn't take the case. She said i needed at least six months to prove a difference in staging. In other words, i needed to have the 'time' in order to say i went from a stage II to a stage III, and therefore it was their bad for not catching it. As far as the first CT, i was probably only a stage I, where a CT most likely would not show that small of a tumor.

    I felt like so much garbage the way they treated me. The last time was the worst. She stuck a finger up my butt, told me she could feel the internal hemmoroids (sp) which was actually a tumor, gave me a shot for pain, and sent me home. My problem was not so much my age as the fact i didn't have any health insurance. The attorney called it patient dumping.

    The really funny thing about this story is that my cousin is marrying one of the ER doctors next month that works at the hospital i went to, and of course, many of the doctors who mis-treated/diagnosed me will be at the wedding. Most of them probably won't remember me, but i think if i'm faced with that last doc, i might have a comment for her nonetheless.

    I would at least talk to an attorney about it if you really feel up to it. Like the others have said here, for the most part, it's really not worth it since we are already in a pretty involved battle with the cancer alone. I could have pursued my case: I had a radiologist interested in helping me, but i'm just too tired all the time to even think about it. Now the six month statute has passed, and that's that. I only worry about all the other people in my situation being treated badly, tossed aside, and ending up with a horrible battle for their lives. Who knows whether my lawsuit would've really helped anyone else? I have other plans for doing that, so the lawsuit is null.

    Good luck with whatever you decide to do. Please keep us posted if you do.

    Many hugs,
    Krista
  • chynabear
    chynabear Member Posts: 481 Member
    #5
    kristasplace said:

    My story is similar. Symptomatic for two years before diagnosis. In and out of the ER three times before someone finally took the bleeding seriously, and got me some help. I couldn't believe that none of my CT scans showed my tumor. Especially two months before i found out it was a T3 size. I sat down with an attorney, and she said we had an excellent case for malpractice for the 2nd CT because obviously there was some negligence. However, since that ER visit was only four months from my staging, she wouldn't take the case. She said i needed at least six months to prove a difference in staging. In other words, i needed to have the 'time' in order to say i went from a stage II to a stage III, and therefore it was their bad for not catching it. As far as the first CT, i was probably only a stage I, where a CT most likely would not show that small of a tumor.

    I felt like so much garbage the way they treated me. The last time was the worst. She stuck a finger up my butt, told me she could feel the internal hemmoroids (sp) which was actually a tumor, gave me a shot for pain, and sent me home. My problem was not so much my age as the fact i didn't have any health insurance. The attorney called it patient dumping.

    The really funny thing about this story is that my cousin is marrying one of the ER doctors next month that works at the hospital i went to, and of course, many of the doctors who mis-treated/diagnosed me will be at the wedding. Most of them probably won't remember me, but i think if i'm faced with that last doc, i might have a comment for her nonetheless.

    I would at least talk to an attorney about it if you really feel up to it. Like the others have said here, for the most part, it's really not worth it since we are already in a pretty involved battle with the cancer alone. I could have pursued my case: I had a radiologist interested in helping me, but i'm just too tired all the time to even think about it. Now the six month statute has passed, and that's that. I only worry about all the other people in my situation being treated badly, tossed aside, and ending up with a horrible battle for their lives. Who knows whether my lawsuit would've really helped anyone else? I have other plans for doing that, so the lawsuit is null.

    Good luck with whatever you decide to do. Please keep us posted if you do.

    Many hugs,
    Krista

    Again, similar story. I was around 21 the first time I had bleeding. This was around the time that they actually had commercials that warned you about polyps and bleeding. I actually took those commercials to heart and went to my doc. I was told hemorrhoids (how do you spell that dang word?).

    Then, in 2004, roughly 3 years later, I started having heavy bleeding for about a week straight. Two more doctors failed to diagnose. After visiting one doctor who I later found out is notorious for misdiagnoses, I felt very violated, raped, humilated and insulted. He wouldn't even take the time to actually listen to my worries. He told me hemorrhoids or a small bowel tear. This, after spending an hour and a half past my appointment time.

    I tried to relax and keep an assessment of the situation. For a few weeks, the bleeding actually stopped and I thought I would be ok. Then bam, bleeding again. Luckily, I was seen by a doctor fresh out of medical school who didn't want to make a diagnoses without further testing.

    Even the gastro admitted to me while I was in the hospital (yes, he came to see me many times because my story touched his heart) that he only did my colonoscopy to humor me and the doctor. He never in a million years, even after snaring the polyp, thought it was cancer... let alone Stage III.

    I have entertained the thought of a suit. In the end, it is more satisfying to me if I can teach one person that the 50 rule needs to change. Because of me, I know of at least 5 women who were under the age of 50 INSISTED on colonoscopies because of either risk or bleeding. If I can encourage others to do the same and educate others that people under 50 can and increasingly do get colon cancer and at advanced age, I feel I have served my purpose. Unfortunately, I feel that while in my head and in your head the failure to diagnose is grounds for lawsuit, I don't think the case is strong as the standards still say 50+ unless there are risk factors. To me, educating others is a better use of my time.

    I wish you the best in any decision you make.

    You know, it would never hurt to consult with an attorney to get a better feel for where you stand.

    Tricia
  • Moesimo
    Moesimo Member Posts: 1,072 Member
    #6
    You should consult a malpractise lawyer. The consult is free. They will let you know whether you have a case or not. Good luck.

    Maureen
  • 4law
    4law Member Posts: 110
    #7
    Speak to an attorney who specializes in medical malpractice. He/she should have experience in handling other misdiagnosed cancer cases. Depending on your jurisdiction, it may be too late to sue because the statute of limitations may have expired from the date of the alleged malpractice in 2004. However, sometmes the statute of limitations doesn't begin to run until the time you knew, or should have known, that malpractice may have been committed. What happened between 2004 and July 2007 will be important in determining if the statute of limitations has expired. I suggest you and your husband WRITE his medical history in chronological order pre 2004, symptoms, what was said by the doctor, witnesses to conversations, and the events following 2004. Be sure you have the names, addresses and as best as you recall the dates of all medical visits, tests, etc. before your appointment with an attorney. This will help you focus on the facts and will be very helpful for your attorney. It will not cost you anything because your attorney will charge you on a contingent fee basis (no recovery - no fee). If you are not satisfied with your attorney's answer, you may obtain a 2nd legal opinion. Don't be afraid to ask the attorney how many similar cases he/she has handled or how many cases he/she has taken to trial. Remember, the test here will be if faced with the same facts as your family doc was, a reasonable family doc would have proceeded differently and ordered a colonoscopy, that would have discovered the cancer at a stage earlier than stage 4 which would have resulted in a significantly different prognosis. Even if it turns out you have no case, you will have peace of mind that you are doing everything possible to find out. It will not be a waste of energy. Good luck.
  • StacyGleaso
    StacyGleaso Member Posts: 1,233 Member
    #8
    4Law said it all. I work @ a firm that specializes in Medical Malpractice. We get a lot of clients wanting us to look into misdiagnosed cancer. The main things we look at is (1) How long between the first appt and actual diagnosis? If it's just a short time (like 2 weeks), then earlier diagnosis might not have changed the stage of the cancer. (2) Did he have any follow up between the 2004 hems diagnosis and the 2007 cancer diagnosis? (3) Are there scans that were done and possibly misread?

    Statute is hugely important, but with medical malpractice, that statute might not always be as cut & dry. It never hurts to get a free consultation. Anyone who wants to charge you for that initial consultation should not be considered for you and your family to employ. Having his medical records secured prior to the consultation with an attorney is also key. Our firm recently was successful proving misdiagnosis of ovarian cancer which left twin boys without their mom. It's a shame to see some of the poor medical attention certain hospitals and physicians give their patients.

    Happy Tuesday,

    Stacy
  • pamness
    pamness Member Posts: 524 Member
    #9
    jenhopesprays said:

    I just turned 40 myself and am busy raising a family when I was told it was stage 4.

    Am I ticked I could have had a dang colonoscopy. YOU BET!! "you are much to young for colon cancer" Yeah gee thanks.

    The truth is that Susan is correct. We need to put all of our energies into taking care of ourselves and get the best treatment.

    I think this site shows it all. We have the most posts of any cancer, almost double the breast site.

    I just wish we could organize as well as the breast cancer folks have and get the big dollars and huge awareness that the breast folks get.

    Susan and others like her are my role models and heros. I will be relentless in my pursuit to prevent others from this situation.

    Jennifer


    http://www.mycrcconnections.com/

    I was struck by your post, I don't think we have talked before. I have friends who have survived breast cancer and am totally supportive of the fight. However, I can't understand why colon cancer is not receiving same support and media attention. I have a family (charitable foundation) and am thinking about what to do. I was stage 3A - I have my six mos. scan in two weeks. Let me know if you have any thoughts about raising the awareness and money for colon cancer. My brothers were both turned down by their insurance companies, even though I was diagnosed with colon cancer, my sister's insurance company said OK, good thing she had 6 pre cancerous polyps.

    Let me know what you think.
    Pam
  • impactzone
    impactzone Member Posts: 555 Member
    #10
    At one time I felt that as I was 46 when I had blood in stool, called Dr and he looked and saw hemaroid. 2 years later stage 4 colon cancer shows up. The reality is that until insurance companies get pressure and testing becomes routine and quick, Dr's will look at stats and make the best guess. I know it sucks.... We need in the USA a war declared on cancer and monies spent accordingly. I feel for you and understand consulting an attorney. Good luck and I hope something works out
    Impact
  • AuthorUnknown
    AuthorUnknown Member Posts: 1,537 Member
    #11
    please take a look at this:

    http://www.tinyurl.com/3dqbxg

    thanks!
  • 2bhealed
    2bhealed Member Posts: 2,064 Member
    #12
    Hi Fiona,

    I really feel for you and your family. A Stage 4 cancer dx is incredibly scary and doubly so when you have little ones.

    I was dx'ed with Stage 3 at 39 yrs old. I had been having "hemmorhoid" problems for years and had consulted a surgeon who did the finger swipe and declared it just hemmorhoids. When they didn't seem to get any better with treatment I went to a "better" medical facility and the doc there told me fissures and prescribed tx of some cream (that gave me immediate migraine).

    So then when I was doubled over with severe abdominal pain and bloody diarrhea I went to a new family practitioner and she was the FIRST DOCTOR TO SUGGEST A COLONOSCOPY!!!!

    I told her the same thing I told ALL the other doctors:

    My sister died at 33 of adenocarcinoma of the small intestine. She was the ONLY one to see the red flag. I had been having problems for years and NOT ONE doctor suggested a colonoscopy even after hearing of my sister's death. Unbelievable!

    Because no doctors seemed to make a correlation I didn't either. First mistake.

    What I have learned in the process is that WE must remain vigilant health advocates for ourselves and family. If one doc says no then go to another.

    I consulted an attorney and he said I didn't have a case. Too much time had passed anyway. The money would have been nice but was I ready to make the fight?

    I can't even tell you how my sister was misdiagnosed by many doctors due to her young age. All through her later 20's she went from doctor to doctor but no one could find her problem until she went to the Mayo Clinic. By then it was "too late".

    I can empathize with you about the financial and emotional burden. We had to sell our farm since my treatments put us deeply into debt. My youngest at the time was 20 months old (I have 5 kids). I really feel for you.

    This was totally preventable. Now I am completely outspoken about colon health, dietary health and advocating in health care.

    I chose to put my energies into healing rather than fighting. I am almost 7 years cancer free doing all alternatives and dietary healing modalities rather than chemo. Praise God it's worked so far!

    I wish you all the best.

    peace, emily

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