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Would you seek legal advice for a misdiagnosis??

Lets say a woman relative of yours was diagnosed with cancer of female organs,went thru chemo,was given a clean bill. The PET scan six months later showed a spot on the lung,which the oncologist looked at and said was NOT cancer,but pneumonia. 2 weeks later,This woman had a collapsed lung ,and surgery was performed to reinflate her lung after half of it was removed,at which time the surgeon looked at xray and said it was cancer. As it turns out the oncologist misdiagnosed. This woman died a week after coming out of the hospital,the cancer had since spread to chest cavity and lymph nodes. Do you,as her family,sue the hell out of this doctor or do you let him get away with this AGAIN(previous case,same outcome)and hope it doesnt happen again? Just wondering what YOU would do..I would get a lawyer and sue,no doubt. FYI: this cancer was very profound and aggressive,and wouldve prolonged life for a while only.

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Asked by Anonymous at 4:15 PM on Apr. 10, 2009 in Health

Answers (5)
  • Based on the time line in this case, I dont think I would sue. A biopsy should have been done on the lung since the cancer was in remission from her having chemo 6 months prior. X rays are not very reliable in cancer, TB, pneumonia etc... It just shows something there. Second opinions are always good in cases like this. I lost two of my aunts in similar ways, but because of the timeline, from the time they started to feel something was not right the cancer had spread, and little could be done for them.

    Answer by midnightmoma at 4:39 PM on Apr. 10, 2009

  • It's the patients responsibility to get a 2nd opinion.

    Answer by Anonymous at 4:39 PM on Apr. 10, 2009

  • No.

    Answer by Anonymous at 4:43 PM on Apr. 10, 2009

  • Yes.

    Answer by legalmommy101 at 4:45 PM on Apr. 10, 2009

  • A PET scan is specifically to show cancer in the body. So if something showed up,it was cancer. I suppose since this was the doctor who saw her thru her original bout with cancer, and he's supposed to be reputable in his field,she assumed she could believe in his knowledge and experience and trust him. Im sure when he told her the scan was 'clean',she had to want to believe that .Apparently that wasnt the case though. Rather it was already too late to me isnt the point,but that it doesnt happen to others again also and that he was negligent in diagnosing something that he specializes in and deals with on a regular basis. THAT is what disturbs me.

    Answer by Anonymous at 11:18 PM on Apr. 10, 2009

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