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Medical Forum / Diseases and Disorders / Breast Cancer / December 2003

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Misdiagnosis

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Xiugiami - 01 Dec 2003 15:26 GMT
Does anyone know about suing a Canadian doctor or clinic?

I had a similar experience of misdiagnosis, at the best Imaging clinic in my
city. They are one of Ontario, Canada's Breast Screening clinics. They
misdiagnosed me twice, the first time measuring and examining my lump for 2
hours. Lots of mammograms and ultrasounds that day. There verdict was it's
not cancer, it's just a cyst and I should drink less coffee. The following
year (I found out too late) they didn't even see the lumps. I think they did
just a cheap mammogram, forgetting that I had a reason (lumps) for being
there. Now I'm in at least Stage 3, and have been waiting for months to find
out if it's metasticized.

Had I known that they were just guessing at what it is, I would have
demanded a biopsy. But no one told me that Mammogram is not conclusive
evidence. I trusted their opinion as fact, and now I know it's just an
opinion.

In my books, if anyone has a cyst, it's cancer, so they should be biopsied.
Tim Jackson - 01 Dec 2003 16:07 GMT
> There verdict was it's
> not cancer, it's just a cyst and I should drink less coffee. The following
> year (I found out too late) they didn't even see the lumps.
....
> I trusted their opinion as fact, and now I know it's just an
> opinion.
>
> In my books, if anyone has a cyst, it's cancer, so they should be biopsied.

It is dreadful when they get it wrong, and you have my greatest sympathy.

But lets not get things out of proportion.  85% of "suspicious" mammograms
turn out to be benign.  A cyst does not normally involve a cancer.

I am not disputing that your centre may have been negligent and failed to
spot what a reasonably competent radiographer would have detected.  The way
to know this for sure is to get a second opinion on the films.  If an
independent expert agrees that the films should have prompted further
investigation then you have a case.

However in the end we are all dependent on the educated guesswork of doctors
and sadly some errors are bound to occur.  Medicine is like that.

Tim Jackson
gabnet' - 01 Dec 2003 23:05 GMT
Hello Tom:

I have just settled my malpractice case against a doctor and radiologist
from an affluent NYC hospital.   The outside radiologists said that he
could not say that my scans were clean as they were not.   It has been
two and one half years on chemo and now arimidex but thank g-d I am
still here.  The money was alright, but who cares, I still have stage IV
Breast cancer.

Laura  K.*


> > There verdict was it's
> > not cancer, it's just a cyst and I should drink less coffee. The following
[quoted text clipped - 21 lines]
>
> Tim Jackson

Signature

Hugs,

Laura K.*
I'm out of estrogen and I have a gun!

J - 02 Dec 2003 00:23 GMT
> I have just settled my malpractice case against a doctor and radiologist
> from an affluent NYC hospital.   The outside radiologists said that he
> could not say that my scans were clean as they were not.   It has been
> two and one half years on chemo and now arimidex but thank g-d I am
> still here.  The money was alright, but who cares, I still have stage IV
> Breast cancer.

Hello Laura,
I am truly very sorry for what happened to you. (and Xiugiami in the other post)

Also want to thank you for your kind words on the other newsgroup.
I seem to be "in the doghouse" at the moment there (nobody's posting much), so
replying here.
Big hugs to you and keep up the good fight.
Best wishes,
J
su-texas@webtv.net - 02 Dec 2003 16:28 GMT
Hi J,

All the newsgroups seem sorta slow now.  Must be the holidays, shopping,
weather, stress, etc.

Susan, Su_Texas  my opinions
J - 02 Dec 2003 21:47 GMT
> All the newsgroups seem sorta slow now.  Must be the holidays, shopping,
> weather, stress, etc.

Hello Sue,
thank you.
I just received an e-mail from someone from another newsgroup who was
feeling much like me, he felt he'd done something wrong because few were
replying.
On the other hand, he mentioned that his kids went back to school, so maybe
they've been off for Thanksgiving and people have been travelling..just
another theory to supplement to yours.

I know the cold weather here and snow keeps me busier with trying to shovel,
so weather has an effect also, but not a problem for where you are, right?
(snow)

Thanks again
J
J - 01 Dec 2003 18:42 GMT
> Does anyone know about suing a Canadian doctor or clinic?

Here's part of what you are in for if you decide to sue.
http://www.cbc.ca/disclosure/archives/030211_cmpa/main.html

The rest:
1) your medical files could get "lost"
2) lawyer-shopping...many "beg off" stating "conflict of interest". They or
their firms represent doctors and hospitals.
3) lawyers in Ontario don't take contingency..or so my friend was told
4) news spreads fast in the medical community..you might have difficulty finding
any doctor to "touch you with a 10-foot pole"
5) who would you sue? the clinic, the hospital where the clinic is, the
radiologist..all?
6) given what Tim says it might be a "tough sell"

Do you really have time and energy (and money) to go this route?

The details might be here http://medlawsociety.tripod.com/ or a lawyer who
specializes.
Last I heard, one has one year from the time of correct diagnosis (from the time
of wrong diagnosis) to start a lawsuit.

I asked about a sore on this newsgroup a few years ago, the GP mucked around
with creams for months, it kept getting bigger, so finally 4 months later I was
seen by a general surgeon, who booked removal a month later.
At the time of removal he said he would not be doing a biopsy. So I "scammed
him".
I said "fine by me, I'm not worried, except I've heard that IBC can show up as a
sore".
At the end of the excision he reached for a vial and ploppped the tissue in.
I asked, why?  He said "biopsy". So my tactic worked.
I really wasn't worried, but deplore the "shortcuts" that are happening in our
healthcare system and decided to razz the old guy a bit.

The other route is to complain to the http://www.cpso.on.ca/
They assure that they take action, but I've only heard of "slaps on the wrists".

They can take licenses away, but I hear it's exceedingly rare. and don't even
know if they cover radiologists or breast cancer screening clinics.

http://www.oar.info/ Ontario Association of Radiologists (OAR)
http://collection.nlc-bnc.ca/100/201/300/cdn_medical_association/forum/vol-42/is
sue-4/0001.htm


http://www.cofp.com/media/mar04_03medpost2.asp
They're suing the gov't for cutbacks..apparently

Seems to me you have bigger beasts to fight at the moment and would want all
onboard with you. (not against)

Best wishes,
J
 
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