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  1. #1

    Default Breast Tumor Metastasized After OB/GYN Ignored or Misdiagnosed Symptoms

    In early December, my wife was diagnosed with metasticized breast cancer. Her cancer spread to her brain, spine, and lymph nodes. My wife had expressed concern about the lump in the breast months before the diagnosis. In fact, she may have brought it to the attention of her OBGYN over a year ago. Her OBGYN told her that it was probably just from breast-feeding and that such things were not uncommon.

    NO MAMMOGRAM, no further tests were done. Not being physicians, why wouldn't we accept that determination....now we know better!

    Confirmed: Breast cancer that had metasticized! The lump that she had brought to her OBGYN also confirmed as aggressive cancer.

    In addition to this, we are in financially difficulty and considering chapter 7. We were a 2-income household and medical bills, etc. proving to be overwhelming. My wife is still in the ICU from other complications from cancer.

    We are in TX. When does the statute of limitations begin? From diagnosis? How long do we have until we can file? If we are filing for chapter 7, when is the best time to do file for malpractice? We plan to file chapter 7 in 4-6 months.

    Thank you.

  2. #2
    Join Date
    Sep 2007
    Location
    Austin, Texas
    Posts
    65

    Default Re: Breast Tumor Metasticized After OB/GYN Ignored or Misdiagnosed Symptoms

    Your wife should obtain her complete medical records from the obgyn, including notes of her visits, and from the doctor that diagnosed her cancer, and have a consultation with one or more medical malpractice attorneys in your area. They are easy to find, you can look in the phone book or online, or call your county's Lawyer Referral Service.

    I work for a law firm in Texas that handles med mal cases. I'm sorry to tell you that generally, missed diagnosis or misdiagnosis cases are very difficult (all med mal cases are difficult, but these can be even more so); however, your wife's complaint of a lump in her breast to her doctor and the doctor's failure to order a mammogram MAY be a fairly easily proveable failure to treat to the standard of care. If so, then she has the additional burden to prove that more likely than not, had the cancer been diagnosed at that time, her treatment would have been successful.

    This is a very sad situation and you, your wife and family have my sympathy. Best of luck to you.
    _______________________________________
    I am NOT an attorney and this is not legal advice.

  3. #3

    Default Re: Breast Tumor Metasticized After OB/GYN Ignored or Misdiagnosed Symptoms

    Thank you. The other thing that I see as being very difficult or possible impossible to establish is that my wife had alerted the OBGYN to this at all. I mean, would the physician have recorded that such information was relayed to him at all? It's her word vs. his...

  4. #4

    Default Re: Breast Tumor Metasticized After OB/GYN Ignored or Misdiagnosed Symptoms

    Just to add, we are not vindictive people and we are calmly discussing our options. My wife is not frothing at the mouth (unlike some of our family members) and seeking vengeance. But, this will affect us for the rest of our lives and mean that we will be financially and emotionally bound by this disease for years to come.

    It's kind of strange, but we allow the OBGYN to visit the hospital. He may be concerned about a lawsuit, but he is genuinely concerned about her health. For now, I would rather he be constantly reminded of what he could/should have discovered or taken action on long before we got to this stage.

  5. #5
    Join Date
    Oct 2006
    Location
    supratentorial region
    Posts
    818

    Default Re: Breast Tumor Metasticized After OB/GYN Ignored or Misdiagnosed Symptoms

    Quote Quoting newbeginning
    View Post
    Thank you. The other thing that I see as being very difficult or possible impossible to establish is that my wife had alerted the OBGYN to this at all. I mean, would the physician have recorded that such information was relayed to him at all? It's her word vs. his...

    A patient's complaint (painful lump in breast) should be documented in the medical record. You also may want to look at what diagnosis code the Physician used for that particular office visit on your insurance company's EOB (explanation of benefits) or receipt from the office for that date of service. It may be a number such as 611.72.

    Hope this info helps. Good luck.

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