arnold Posted October 14, 2015 Share Posted October 14, 2015 My friend , let’s call he “x†is questioning whether she may have a malpractice lawsuit against a medical office. She has no one IRL to talk to about this and she’s reluctant to contact a lawyer for fear of being taken advantage of by a greedy lawyer. Here’s the story; a year ago "X" noticed a swelling in her abdomen, she called her OGYN’s office to make an appointment. The office suggested an ultrasound but said they would have to schedule her appointment (after the ultrasound) with a NP because there were no appointments available with a doctor. “X†takes the appointment, and goes in for the ultrasound. As the technician puts the doppler on her, immediately she knows something is wrong. The “mass†was so large that the tech could not tell where it was attached. She immediately went to meet with the nurse practitioner who informed her it was a mass, but had clean edges, so it was likely nothing. She NP said “X†would need surgery to have it removed, suggested the doctor “K†do the surgery, and “X†agreed to it. Doctor “K†is a great doctor, "X" has a great history with her and doctor K even delivered a couple of “x’s†children. NP told “X†to schedule a pre op appointment with Doctor K. “X†leaves the room with the NP and goes to the appointment desk where she is informed that the first pre op appointment with doctor K is not for 2 months. Seems they only have one time slot available per day with doctors for pre op appointments because they tend to run longer. “X†says she cannot wait that long, and the receptionist gets special approval to book “X†for an appointment one month later. While waiting for this pre op appointment “X†can feel the mass getting larger, and others noticed her getting thicker in the waist area. “X†starts to worry and calls the office back to see if she can get in sooner, nothing. Over the course of 3 weeks she calls back 10 times or so, explaining that this mass is getting bigger, she has a number of symptoms that could indicate it could be cancerous, still nothing. She was basically told to continue checking back to see if they had a cancellation. Seems Doctor “K†had been on vacation and (according to the staff) that’s why doctor K was so booked. “X†sees she’s not getting anywhere with the appointment center, so she leaves a message on the nurse line, explaining this mass is getting larger, she just needs to see the doctor, it won’t take long, ect. She never received a call back from the office. In addition to doctor K, there are probably 7 other doctors in that office. “X†finally meets with doctor K who reviews the ultrasound and goes thru the removal procedure with “xâ€. After that doctor K asked to feel “x†abdomen, and was shocked!!! Doctor K then immediately gets on the phone with a top oncologist in the area and asked him if he would see “x†and consider doing the removal. “X†was sitting in the oncologist office the next business day. Oncologist immediately ordered an MRI, CT, blood tests, ect. She was scheduled for surgery with the oncologist less than 2 weeks later. Removal of the mass showed it was stage one cancer, and the mass was the size of a football. After 3 second opinions, “x†decided to go into chemotherapy; 2 of the 3 doctors sited size of the tumor as a reason for needing chemotherapy. Doctor K visited “x†after the surgery. Said she was sorry for the delay in the pre op appointment, said she has daily appointments available (which X knew because when she was pregnant doctor K, and other doctors in that practice would see her same day or maybe next if she needed to be seen). Doctor K said she would speak with NP as she should have been more attentive to the situation. “X†has been told she may have a malpractice case BUT, she does not want to ruin doctor K’s reputation in any way. Doctor K had no knowledge of the issue until “x†had her pre op appointment, at which time doctor K took appropriate measures to deal with the situation. Doctor K paid a visit to “X†during her hospital stay and has called her 2 times in that last year to see how “x†was doing. “X’s†problem is only with the handling of her problem by the NP and the support staff at the office….If she had been seen sooner, the mass would have been smaller and chemo may not have been necessary. "X" now has about ten thousand dollars worth of medical bill that were not covered by insurance and had to delay her entry into nursing school by a year, not to mention everything else that happens when your life is on hold for 6 months. So, what do you all think?????? Do you think the office/staff was in any way negligent here? TIA Quote Link to comment Share on other sites More sharing options...
indigomama Posted October 14, 2015 Share Posted October 14, 2015 I'm so sorry for your friend. But, it doesn't sound like Dr K was negligent. The office staff did handle it poorly, but if I thought I might have cancer, and I was getting no help from one clinic, I would have immediately found another one. She did end up getting multiple opinions about the chemo, why did she not seek multiple opinions about a mass she and others could see visibly growing? 6 Quote Link to comment Share on other sites More sharing options...
arnold Posted October 14, 2015 Author Share Posted October 14, 2015 I'm so sorry for your friend. But, it doesn't sound like Dr K was negligent. The office staff did handle it poorly, but if I thought I might have cancer, and I was getting no help from one clinic, I would have immediately found another one. She did end up getting multiple opinions about the chemo, why did she not seek multiple opinions about a mass she and others could see visibly growing? I think X thought that she would be able to get in to see a doctor via cancellation. By the time she found a new doctor, scheduled a new patient appointment, etc she may have been looking at 3 or 4 weeks wait time anyway. Quote Link to comment Share on other sites More sharing options...
EmseB Posted October 14, 2015 Share Posted October 14, 2015 Here's the thing about greedy lawyers -- they aren't going to take advantage of her for a medical malpractice case. If it's not winnable they aren't going to take her money and waste their time. So a free consult would probably give her a pretty accurate take on whether she has a case or not. 5 Quote Link to comment Share on other sites More sharing options...
zoobie Posted October 14, 2015 Share Posted October 14, 2015 I would've gone to another doctor instead of waiting on Dr. K as well. Med mal isn't my area. If she goes to a reputable attorney, she's not going to get "taken advantage of" by him or her. The fees are set by state law. Med mal operates on contingent fee basis, so the lawyer won't take the case unless she believes it's worthwhile. 6 Quote Link to comment Share on other sites More sharing options...
zoobie Posted October 14, 2015 Share Posted October 14, 2015 I think X thought that she would be able to get in to see a doctor via cancellation. By the time she found a new doctor, scheduled a new patient appointment, etc she may have been looking at 3 or 4 weeks wait time anyway. If you're ever in that position, an option is always to go to the ER of a major hospital. Quote Link to comment Share on other sites More sharing options...
arnold Posted October 14, 2015 Author Share Posted October 14, 2015 If you're ever in that position, an option is always to go to the ER of a major hospital. I'm confused, ER for what? It wasn't an emergency, what would they have done? Quote Link to comment Share on other sites More sharing options...
EmseB Posted October 14, 2015 Share Posted October 14, 2015 I'm confused, ER for what? It wasn't an emergency, what would they have done? If the mass was growing that fast and she couldn't get in to see her regular doctor, the er would have determined if emergency surgery was needed to get it out and could order the appropriate tests. 2 Quote Link to comment Share on other sites More sharing options...
Cammie Posted October 14, 2015 Share Posted October 14, 2015 Have to agree with my fellow (sister?) attorneys above. A lawyer will not take the case unless there is a good argument to make because most likely it will be taken on a contingent fee basis (they only get paid if they win). However, there may be some upfront costs to investigate/research the matter. She should know that there is probably no way to isolate the doctor from the lawsuit. It may depend on the doctor's relationship to the practice at issue. At some level, the doctor will be involved. Quote Link to comment Share on other sites More sharing options...
zoobie Posted October 14, 2015 Share Posted October 14, 2015 I'm confused, ER for what? It wasn't an emergency, what would they have done? A mass growing inside you at a rapid rate of speed is emergent to me. They can fast track you in for tests. Major hospitals have ultrasound and MRI machines and techs and radiologists on site. Sometimes doctors will recommend going through ER for expeditious testing and insurance approval of procedures. Regardless, waiting weeks and weeks for someone to call you back isn't your only option, and she wasn't complaining about a hangnail. She had a serious condition and needed immediate medical attention. 2 Quote Link to comment Share on other sites More sharing options...
fdrinca Posted October 14, 2015 Share Posted October 14, 2015 If you're ever in that position, an option is always to go to the ER of a major hospital. This is the option my mother took. She had a history of malignant tumors (skin, breast, lung, then brain). When her neurological symptoms started, she was given 2-month and 1-month out appointments for MRIs and for post MRI follow-ups. In the meantime, she deteriorated quickly, so my father took her to the ER. Immediate service. And we wonder why the medical system is broken. I'd think a growing football-sized mass would be considered an emergency. So sorry for your friend :( 2 Quote Link to comment Share on other sites More sharing options...
JFSinIL Posted October 14, 2015 Share Posted October 14, 2015 Here's the thing about greedy lawyers -- they aren't going to take advantage of her for a medical malpractice case. If it's not winnable they aren't going to take her money and waste their time. So a free consult would probably give her a pretty accurate take on whether she has a case or not. Exactly. And using their education and understanding of the law on your behalf is their bread and butter - it does not make them greedy to want to be paid like anybody else. Most family lawyers (I am married to one!) are not making big money. 1 Quote Link to comment Share on other sites More sharing options...
arnold Posted October 14, 2015 Author Share Posted October 14, 2015 Exactly. And using their education and understanding of the law on your behalf is their bread and butter - it does not make them greedy to want to be paid like anybody else. Most family lawyers (I am married to one!) are not making big money.Sorry, I wasn't trying to be offensive. I should have said her fear is getting hooked up with a less than honest lawyer who may direct her in a manner that would not suit her best interest. I wasn't implying than all, or even most lawyers are dishonest. Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted October 14, 2015 Share Posted October 14, 2015 This is the option my mother took. She had a history of malignant tumors (skin, breast, lung, then brain). When her neurological symptoms started, she was given 2-month and 1-month out appointments for MRIs and for post MRI follow-ups. In the meantime, she deteriorated quickly, so my father took her to the ER. Immediate service. And we wonder why the medical system is broken. I'd think a growing football-sized mass would be considered an emergency. So sorry for your friend :( Mine too. Mom had heart symptoms and called to get in with a cardiologist. They scheduled her two months out. Following week it's worse so she called again and they offered her another appintment in 4 weeks instead of 7. She went to the ER instead, where they admitted her immediately and she was first in the ER for a stent the following morning. She ended up with a one week follow up appointment with the same cardiologist who didn't have any openings before. I'm sorry your friend didn't try to seek more immediate care when she was blown off by the doctor's office. Quote Link to comment Share on other sites More sharing options...
oneangelwaiting Posted October 14, 2015 Share Posted October 14, 2015 I wonder if the office staff (possibly also the person who read the ultrasound) has errors and omissions or professional liability insurance insuring them? I'm not familiar enough with that line of work. If so then perhaps the other staff members could be pursued without having to pursue the doctor. An attorney could tell you more hopefully. What a sad situation. :( Sent from my SCH-I545 using Tapatalk Quote Link to comment Share on other sites More sharing options...
oneangelwaiting Posted October 14, 2015 Share Posted October 14, 2015 Also a side note, my uncle had a similar situation. Basically the doctors found cancer, didn't treat it for a few months waiting for an appointment, assured him there was plenty of time and it wasn't going to spread, then when he got in it had spread to his lymph nodes and was incurable. He died a few months later. Could he have sought a second opinion, yes, but he trusted his doctors and they were unfortunately wrong. A little different scenario but somewhat similar. Sent from my SCH-I545 using Tapatalk Quote Link to comment Share on other sites More sharing options...
kroe1 Posted October 14, 2015 Share Posted October 14, 2015 It would also depend if your friend suffered a loss, right? If the mass was big enough on the first ultrasound to require chemotherapy. In other words, if the treatment did not change, and your friend is now fine, then there may not be a case even if the tumor grew in the meantime. Quote Link to comment Share on other sites More sharing options...
Butter Posted October 14, 2015 Share Posted October 14, 2015 I don't think she has a case. The doctor did nothing wrong. The doctor didn't even know. The NP didn't even do anything wrong with the information she had. The amount of time for the appointment is reasonable. Most tumors are not that fast growing. Calling the office and saying she could tell her tumor was growing and what not doesn't change a full schedule and also some people will claim that, but it's their perception and not reality. She had time for multiple opinions once the cancer diagnosis was made. Prior to seeing the gyn, she could have seen another doctor or gone to the ER if she really felt waiting was a bad idea. It's a frustrating and scary situation, yes, but it doesn't sound like negligence by anyone, including the office staff. 1 Quote Link to comment Share on other sites More sharing options...
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