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Medical Forum / Diseases and Disorders / Cancer / January 2006

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Legal action?

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Kevin - 15 Jan 2006 17:23 GMT
Hi all,

Getting through this first Christmas and the new year without my dad
was very very tough for me and all the family and we are slowly getting
to terms with life without my dad. One of his dying wishes was to
pursue the people who incorrectly misdiagnosed him with Colitis and not
bowel cancer. Can anyone offer any advice for the correct way of going
about this as I promised I would do this for him. I am in the UK so
anyone with similar experiences who cares to share or help me, it will
be greatly appreciated.

Many thanks,

Kevin
Emily - 15 Jan 2006 17:54 GMT
kev_howell@yahoo.com said...
> Hi all,
>
[quoted text clipped - 6 lines]
> anyone with similar experiences who cares to share or help me, it will
> be greatly appreciated.

Your first move would be to consult a solicitor with experience of
medical malpractice...

...but before you do, it may be a good idea to wait a few more weeks
until your own life settles down, and then ask yourself what you hope to
achieve by going down the legal road.  Ask yourself (and others,
including medical professionals) how similar the two diseases are and
why mistakes in diagnosis are made in the first place.  And ask yourself
whether you really want to drag your father's illness and death out for
longer than is necessary.

I understand, but I don't agree that what you intend is right.
Signature

Emily, still hurting after losing my own father 26 years ago.

Steph - 15 Jan 2006 19:32 GMT
> Hi all,
>
[quoted text clipped - 10 lines]
>
> Kevin

To have any chance of success, a suit will need to prove negligence.
Medicine is an inexact science. Getting a diagnosis wrong happens all the
time and isn't necessarily negligence.

I'd think very carefully before opening this can of worms
J - 15 Jan 2006 23:24 GMT
> Getting through this first Christmas and the new year without my dad
> was very very tough for me and all the family and we are slowly getting
[quoted text clipped - 4 lines]
> anyone with similar experiences who cares to share or help me, it will
> be greatly appreciated.

Hi Kevin,
here's my understanding.
He had rectal pain starting in Jan/05 and was diagnosed in April with
colitis.
He was 59.
The cancer was in his liver and lungs by July.
So it seems to me that either the cancer started long before January and/or
he had a particularly fast-moving one.  That's what happened to a lady who
posted here and to the breast cancer newsgroup. She had no idea she had
colon cancer until she felt a lump in her abdomen and it turned out to be a
liver tumour and it was fast-moving as well. My friend's father only lost
weight in the last months as well, so his was missed too.

The link I just posted to Derek, NHS starts screening age 60. And they look
for blood in a stool sample, which can lead to colonoscopies for nothing if
a person has hemorrhoids.

Here (Ontario and I don't know if that's consistent with all Ontario), if
we have a "strong family history" of colon cancer, they recommend starting
at age 50.  I've had symptoms and even bleeding but none of the tests
showed a danged thing, so that frustrated me. Leaves me not wanting more
and/or wondering if cancer starts, they'll say "you've had all the tests".
We're darned if we do, and darned if we don't.

According to Mayo, colitis can include rectal pain
http://www.mayoclinic.com/health/ulcerative-colitis/DS00598/DSECTION=2
and the NHS website doesn't even mention rectal pain as a sign of bowel
cancer.

Unless he had signs or symptoms earlier than January or had a strong family
history of bowel cancer, if I put myself in the place of a doctor, there
really wasn't enough to raise alarm bells by January and by then it /may/
have been too late.
I'm trying to be objective in wondering if he'd had a colonoscopy the
previous summer or Fall combined with a scan if they'd have caught it
earlier, but on what basis would his GP have ordered it?....
Even is NHS started sceeening earlier, and if it's only colonoscopy every 5
years (as it is here) lots can happen in between.

I think you'd have to be able to prove that he'd asked for a test ealier
(04) and was refused, to have any chance. Just sharing thoughts. I'm not an
expert on any of this.

Do you think you can keep your promise to your father, by telling others to
know their family history (of any cancer) and talk to them about risky
lifestyle issues (not that I'm saying any were involved with your father) ?

I am very sorry about your father.
J
Kevin - 21 Jan 2006 09:38 GMT
Thanks for the reply guys. I don't want to open a can of worms here and
we are not looking for compensation, we are looking to make sure that
this does not happen to anyone else as there has be some very poor
medical care during my late fathers illness. The NHS doctor would not
refer him to a speciliast despite sever weight loss and blood from his
rectum. We pleaded from November 04 through to March 05 but the NHS
doctor kept expliaing that my father had some sort of bug that was
doing the rounds and told him to return to work ASAP. My dad attempted
to go to back to work and collapsed with the pain and we had to pay
privatley for my dad to go to private health care specialist named
BUPA. The Bupa "expert" diagnosed with my dad with Colitis and said
that as they had detected now they would remove the cancerous pollups
and this would prevent my father from getting cancer in his later life.
The operation was carried out and my dad was told to take the
prescribed steriods which he did but he was still going to the toilet
every 10-15 minutes and was still loosing weight - orignal 15st 6lbs
now 11st 2lbs!

We contacted Bupa, and they reluctantly agreed to see my dad on the
basis that he paid for the aftercare appointment, wwe paid and they
didnt even examine him, they just prescribed a different course of
steriods which he tried for a furth 3-4 weeks with no effect, but
symptons exactley the same.

We had no alternative but to take my dad to the local NHS hosptial's
A&E department where he eventually got to see a specialist within three
days. The NHS specialist was superb, but he gave us the news we all
didnt want to hear, that my father had Stage IV bowel cancer which had
spread to the lymph nodes and he now had three tumors, one large in the
bowel, one large in the liver and one in the lungs. The agreed to
perform a stoma operation ASAP to relieve his pain and he said that
they would attempt to shrink the tumour in the bowel and then attempt
to remove the tumour as it penetrated the bowel wall with radiation and
would use chemo in attempt to contain the other tumours. This was July
04. My dad went though the chemo, radio treatment and was told in
October that it had not worked and his liver tumor was spreading
quickly and was given 0-6 months life expectancy. My father died on
November 9th 2005.

Our main course for concern was the following:

1. The NHS doctor in November 2004 would refer my father to see a
specialist despite over 8 visits to doctor
2. The Bupa specialist did not examine my dad on the follow appointment

3. The NHS cancer care specialist explained that the original scans
that Bupa had used to diagnosed my father with colitis showed the
tumour in my fathers bowel, and he said that if it was diagnosed then,
there would have a much better chance of quality of life and survival.
He asked if we going to pursue legal action before my dad had the stoma
operation, and we said that it was not the time to think about that as
all we wanted was our dad to be with us. He said that we where right
but we would have a very strong case for medical negligence if we do
decide to go down this route. My father was part of this conversation
and made him very bitter towards the treatment he received, and asked
me to ensure that this never happens to someone else and that is why I
am pursuing this difficult scenario. I would never want this to happen
to anyone else's loved one as I can accept that nothing is 100% and
misdiagnosis happens all the time, but I think that the aftercare here
has been abysmal. Do you think I am being unreasonble?

Thanks for listening,

Kevin
Steph - 21 Jan 2006 19:04 GMT
> Thanks for the reply guys. I don't want to open a can of worms here and
> we are not looking for compensation, we are looking to make sure that
[quoted text clipped - 60 lines]
>
> Kevin

I'd talk to a lawyer
 
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