Legal Question in Medical Malpractice in California
Removal of benign cyst or lump
I had a lump on my right thigh removed by my primary doctor in April 2003. I was told it was benign. I returned to him 3 times, because I didn't feel he had totally removed the lump. It felt like it was growing back, and was also affecting my lymph nodes in my right groin. I was told by both him,and a nurse practitioner that I was probably ok. It was not until my 3rd and final visit, in January 2004, that the nurse practitioner agreed with me, and decided to send me to a surgeon. A week later, the surgeon removed a lump from the same location where it had been removed before. 2 days later he called to advise me the pathology report had indicated I had a rare cancer, Merkel Cell Carcinoma, in the lump, and most likely it had spread into my lymph nodes. After a cat scan, and pet scan, I had the cancer removed. I spent 4 days, 3 nights in the hospital. I am currently going through chemotherapy, and radiation treatments. Luckily, I only had the cancer in 1 out of 9 lymph nodes.
3 specialists have asked my primary doctor for the original pathology report for when he removed the lump. As of today, there has been no response from him.
Do I have any grounds for medical malpractice?
6 Answers from Attorneys
Re: Removal of benign cyst or lump
I am sorry to learn of your problem. My first thought is to tell you that I hope as you do that you have caught the growth in time to live a normal life after recovering from the effects of the treatment.
This issue of malpractice is always not simple. We don't know if either the doctor or lab pathologist or the lab itself acted below the standard of care. Then we don't know whether you can prove it. We also don't know whether earlier intervention would change the outcome.
The message for everyone is to get a second opinion as soon as you are suspicious that you have a problem. Many people go through many problems that could be lessened if they followed their concerns by being persistent about their concerns about cancer or other serious health problems.
In the 1st place, money damages will not make up for any serious consequences that could flow from the delay. Unfortunately that is the only kind of relief you are entitled to seek. And the doctors and drug companies are trying to limit money damages for pain and suffering by seeking a change in our laws in congress. Wouldn't it be wonderful if we could turn back the clock and get appropriate treatment at the earlier time.
In the second place, it is expensive and difficult to prove a medical negligence case. Many lawyers will not take a case where the person suffers substantially but gets well.
In the third place, the burden is on you to prove up your case and delay makes it harder to prove. This is particularly difficult when you do not know the outcome and don't know whether you can prove significant damages. The doctors still have a short statute of limitations and so you should consult with a medical malpractice lawyer to determine what you should do.
Re: Removal of benign cyst or lump
Yes. The big issue here will be how much had the disease progressed and how had the progression affected your treatment, your pain and suffering and your prognosis. You should get me or another "experiened" medical malpractice lawyer to look into the issue for you. Time is important because medical malpractice has a short statute of limitations. If you have a case the feel will be paid from the recovery.
Re: Removal of benign cyst or lump
Yes, quite possibly.
Joel Selik
www.seliklaw.com
800-894-2889
Re: Removal of benign cyst or lump
We are physicians and malpractice lawyers:
We reviewed your facts. First of all, we are sorry about diagnosis of malignancy v. a benign space occupying lesion. Your answere depends on multiple variables. However, the most important issue is whether the tissue sent for cytology studies was misinterpreated by pathologist, or whether, the tissue removed by the original surgeon was underinclusive. We will be glad to review the pathology results with you. You will not be financially responsible for first consultation.
Please beware that all medical errors are not necessarily malpractice, and be aware of statute of limitation.
You may contact us via: losangelesfirm.com
Best wishes, and due respect.
Re: Removal of benign cyst or lump
The key to your question is the original pathology report. Merkel Cell Carcinoma is a particularly aggressive and rapidly metastisizing form of cancer. If the original pathology report has evidence of Merkel Cell or even abnormal cellular structure that should have been obvious to a pathologist, then you may have a claim for negligence and would be able to show causation as you could argue that, had the biopsy been properly reported, it could have been stopped before metastisizing to your lymph node.
You should, however, be aware of the fact that your primary care physician most likely did not review and determine the results of the biopsy, but instead relied on a lab for such results. Your action, if any, most likely will be against the laboratory rather than your primary physician.
Re: Removal of benign cyst or lump
Was there a biopsy done before your primary tried to remove it the first time? If so, what was the result of that biopsy re MCC? If it showed no MCC then the case against the primary is very weak at best (for failing to completely remove it.) In that situation you will need couple of good experts to review your lab work to see if the first lab work was done carelessly.
If you have your med records I'll review it for you at no charge. However, to go further, you probably need to pay expert (i.e. pathologist) fees to have a better understanding. Good luck.
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