CSN Login
Members Online: 3

You are here

A surgeons OOPPSS..need advice

alta29's picture
Posts: 435
Joined: Mar 2005

well..here's my update...for the ones that dont remember...had ct..found 2 spots on psoas muscle..had Pt scan...same results...had biopsy last Friday....and results today...they made an ooppss !... they pulled the wrong tissue...I'm pretty upset because if I want to make sure that my cancer is back there is no other way to know and the insurance wont pay for another one for sure !so my Dr. asked to c me tomorrow to see what the options are ....great !any advice ????
My concerns are : 1) my Dr. may ask me to wait 2 months to see if its grow and/or start chemo...
2nd ..is not fair that we pay hospitals surgeons, etc....for nothing ! the good news...sometimes I think is better not knowing...

Posts: 488
Joined: Jun 2006

Call me crazy, Alta, but if my doc did what your doc did, I'd tell him he owes me one for free and to schedule me in on his day off! Better yet, alert the insurance company as to what the doc did and perhaps they won't pay and will fight the docs so they don't charge you for their incompetence! Then you can go get yourself a new doctor... and get the biopsy done properly.

Grumble. Grumjble. Grumble. Man, I hate incompetence when it comes to something as important as this. Hang in there!

Posts: 553
Joined: Mar 2006

This is such a sore spot with me. Yes, I understand that people make mistakes, but what happened to you is purely unacceptable. Options? The only option this doc should be giving you is to do this procedure again and picking up the tab for it!!! Patrusha is right. I would report this incident to your insurance company and try to find another more competent doc. At times I wonder if some of these docs realize that they do more harm than good. I don't want to criticize all docs because I have encountered some wonderful ones, however, I have also come across people who definitely should not be practicing medicine.

God bless you,


Posts: 1560
Joined: May 2006

I agree! At the very least he owes you one for free .... If you are willing for this doc to touch you again. If you trust this person and they care for your well being he/she should be willing to do something to correct this OOPPSS.

Waiting two months to see if it grows is not DOING something.

If waiting is your only offer from doctor, then consult the insurance company. I am sure they would be happy to listen.

Posts: 297
Joined: Apr 2004

This is such a crock!!!! When dealing with possible cancer, they must follow through. If the doc made a mistake, he/she must admit it and do it right. I don't think it is a good idea to wait for 2 months. Now we know why there are law suits in the medical field...Terri

Posts: 1560
Joined: May 2006

I could not agree more with above. I would fight this stupid doctor and insurance. Have them do it again. Stand up for yourself!

My thoughts and prayers are with you.

Best wishes, Eleonora

chynabear's picture
Posts: 483
Joined: Jul 2005

I wouldn't pay a dime for this procedure! I agree, alert your insurance company to this error. See what they have to say. I would tell your doctor that the only option is for you to have the test done again on their dollar. Also, be very clear to the doctor that you will have no hesitation in reporting this to the insurance ... boards? I think that's what they are called.

vinny3's picture
Posts: 933
Joined: Jun 2006

I agree with the others. What did he mean when he said they pulled the wrong tissue? Was it the wrong leg or they didn't mark the spot from the PET scan properly? For sure, they should repeat it at no expense to you or the insurance company. Consider reporting it to your state Medical Board of Examiners. Ask your primary doctor for a referral to another, competant, surgeon. "making errors is human" is not acceptable when it comes to something as important as this and is entirely preventable.


4law's picture
Posts: 112
Joined: Dec 2004

Explain to Dr. that your ins. co. refuses to pay for 2nd procedure and request that he contact your ins. co. and explain what happened and request that they cover 2nd procedure. If ins. co. still refuses, request that Dr. cover charges for 2nd procedure. If Dr. refuses to do the right thing, see another Dr. to schedule the 2nd procedure and then see an attorney to obtain reimbursement from Dr. It is important that new Dr. be willing to say, in writing, that 2nd procedure is necessary now -- to be used when fighting ins. co. and/or Dr. When you see your Dr., explain that fairness requires that he, rather than you, should bear the burden for his mistake. Try not to be too threatening, but explain that you must have the correct procedure done immediately and if he is not willing to do the right thing, you will be forced to seek recourse elsewhere. Good luck.

StacyGleaso's picture
Posts: 1249
Joined: Mar 2003

I can tell you from experience (I work in the top medical malpractice law firm in Northwest Indiana) that the doctor should be kissing your @$$ right about now. His error does not have to be at your expense. Additionally, as an experienced former claim rep for one of the largest insurance companies (State Fraud, I mean, State Farm)I can tell you that if you have the insurance company deny payment due to the fact that it was malpractice, he cannot come to you for payment. You did not give him permission to remove THAT tissue, but rather the AFFECTED tissue. Therefore, the consent you signed for the procedure was NOT for what he ended up doing on you.

Anymore questions? Need me to rough him up a little?

Just say the word.....


Posts: 372
Joined: Aug 2006

Get a free repeat of another possible oops? I don't think so. Stacey is right. The doc and hospital better find you another doc you agree to use and a private room too for free if they're smart and they are. They count on you being uninformed. Any trouble let a lawyer give them a call. I can't stand lawyers but you know what...sometimes they are necessary and they love malpractice.

KathiM's picture
Posts: 8077
Joined: Aug 2005

I'm with Stacy....
I'll hold him, you can take a little 'biopsy' of your own (hehehehehehe)

Seriously, you should talk to him first, and if he refuses a free repeat, Tell him you are going to the insurance company...if that doesn't sway him, then get the insurance company involved....it is fraud on HIS part if he tries to bill for something that wasn't what was approved....
Hugs, Kathi

Subscribe to Comments for "A surgeons OOPPSS..need advice"