Legal Question in Medical Malpractice in California

Cancer "missed" by OBGYN

After the delivery of my Son, I went to my OBGYN complaining of pain and discomfort. A cyst-like mass was found and removed Lapriscopically(sp) , a DNC was performed and removed tissues were "tested" for Cancer. ( None found). Weeks later, I return to doctor complaining of other symptoms. Bleeding, discharge, pain. He basically dismisses me , I return, he says it's just normal "after baby" issues. He sends me to Urologist ( even though there were no signs of a urological disorder) The urologist agrees to an ultrasound. (after I tell him how long the issues are going on) Within 48 hours I am looking at my Cervix which is 80% covered in Cancer! No time for less invasive treatment, no time to save some of my eggs, emergency Hysterectomy at the age of 31. I contacted a lawyer, they said that at the time, I wasn't sick enough to have a case. Since then, I lost my job due to missing work during Chemo, my body has permanent nerve damage, and worse of all, I'll never be able to have sex again. Ever. My vagina is fused. The emotional damage alone is catastrophic, but the physical heartbreaking for my husband and myself. Is there any recourse? Please advise, please.

Asked on 9/23/13, 12:41 pm

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2 Answers from Attorneys

Joel Selik

What a horrible situation you are going through, I am so sorry.

There are a few questions I have: has any doctor indicated that the obgyn should have caught the cancer or done something else. Has any doctor told you that the delay in treatment from the time the doctor should have done something different, to the time of diagnosis (appears to be a period of "weeks").

While I understand the emotional damages are in deed devastating, California Law (since 1976) llimits the amount of emotional damages and any pain and suffering to a $250,000 maximum recovery. Other finnacial damages, if provable to be directly related to the malpractice (not the cancer) can be added to any possible verdict.

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Answered on 9/23/13, 12:47 pm

Arkady Itkin Law Office of Arkady Itkin


The critical issue is whether failure to diagnose cancer promptly (1) was an unreasonable mistake on the part of the doctor/s and whether (2) the delay made your subsequent treatment and condition so much worse. We would need to review a few of your basic medical recordsto determine whether this is something that would be worth pursuing.


Arkady Itkin

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Answered on 9/23/13, 1:12 pm

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