When if ever malpractice

ibcspouse

A moral question.  Is it ever right to file a claim against a health care provider.  In these threads are story after story of denied test, refusals to listen to women about the changes in their own body. mis or delayed dx.  I also know that doctors as a whole care for their patients, they want to help you, they should not have to make a medical decision based upon HMO cost factors nor on the fear of being sued.  I would hate to see an aggresive onc.  fear pushing the envelope in treating IBC because of liability risk. 

This question for my wife and I came up because of the the Medical Center that was providing my wife's medical care before she was dx with IBC called for us to attend an Adverse Event Meeting.  This to have the chief of staff, head of pathogy. head of patients rights, and their lawyer appologise for an error.  They offered bereavement counseling and had their lawyer discuss how to file a complaint, and offer to help with any questions on the filing.  (of course the next day I asked if they would put the admission and apology in writing and add it to medical records, I was told that would not be in best legal interest of Hospital and all futher communications should go through attorney}. 

I know delayed dx or mis dx of breast cancer is the number 1 or 2 malpractice suits filed.  We all  know the results of delayed dx of IBC and the life time of care and expenses that will eat up life saving even with the best of insurance.  I also know I want my doctors to stay aggressive in treatment.  So what do you think.  In general is it ever. sometimes, rarely. or never righy to file a Malpractice action? 

OneBadBoob

Hi ibcspouse--

After reading of all the medical errors and blunders made in your wife's treatmen and diagnosist, I must admit that I am outraged that you and Cam have had to endure all of these medial blunders and mistakes.

Has this Adverse Event Meeting taken place?  Is it possible to get a transcript of the Adverse Event Meeting?  Do you have the names of all of the persons in attendance at this meeting?

At this point, whether you sue or not, I would request copies of all of your wife's medical records, biopsy reports (which include the name of the pathologist reading the slides), each and every hospital and medical report--unfortunately, these reports sometimes have a tendency to be lost or changed--I would get them all now, ASAP, no matter what your final decision is.  They are all probably red flagged at this point, since the hospital knows of and has admitted its bluders and extened an apology.

I am not a fan of sueing hospitals and physicians, but in a case like this, I think it would be totally appropriate.  As for as moral and ethics, I believe I would feel that I had a moral and ethical obligation to bring a lawsuit, not only for the effects this is having on your wife, you and your lives, but also for those who come behind you to these doctors and hospitals, in the hopes that they will not have care that is as poor as you and your wife have had.

Anonymous

Of course its right to file a medical malpractice case if your wife's cancer was caused by a delayed diagnosis the fault of your medical provider.  But don't kid yourself that this is an easy task.  The truth does not matter in our legal system and perjured testimony by medical experts is the norm.  If you bring a suit it will be your job to prove two things:  1)  The medical treatment received was below the minimum standard of care and 2) The treatment / delay caused your wife's condition.  Therein lies the problem.  The hospital's expert witnesses will undoubtedly testify that even if the diagnosis was delayed it would not have changed the outcome of your wife's condition.  They will testify to this whether they believe it to be true or not.  Insurance companies fight these things to the hilt because they know most juries will not find against doctors unless there are obvious cases of malpractice.  Additionally the odds are stacked against you from the point of view of how difficult it is to bring a medical malpractice case in most states to begin with and the expense of doing so.  Contrary to the pronoucements of our incompetent President, medical malpractice cases are so expensive to bring that most attorneys will not touch them unless the malpractice is pretty clear or the damages very significant or both.

You should probably find attorneys who specialize in medical malpractice, have a reputation of trying these types of cases and getting their opinions.  They will have your wife's records reviewed by their own experts who will give a legitimate opinion about whether there was malpractice and whether it can be proven.  If they feel it is undoable, they will tell your attorney to pass.

 Or since the hospital is admitting it screwed up anyway, perhaps you can ask it if it is willing to compensate your wife for the cost of all future medical treatment.  They will never voluntarily pay you a significant amount of money, but maybe you can get something out of them. 

OneBadBoob

For the protection of your legal rights, I strongly stress that you should not go to the hospital on your own, without advice and guidance of legal counsel, and ask for any kind of compensation.  And please, do not sign anything without the advice and guidance of counsel.

ibcspouse

one bad and worried

thanks, I knew the legal council for the hospital was not my friend when he told me i didn't need a lawyer and I didn't need to proof the claim with expert opinions of loss.  In Cam's case, the hospital is federally supported so a Federal Tort Claim must be filed before federal suit.  Still weighing to do it or not.  Have researched and see what worriedhubby means.  The law in the state we're in has the rule of if when your shoud have been dx, if you had a 49.99999 % overall survival OS) rate and after you were  dx you had a 0 % survial chance there is no loss.  More likely to die than not anyway.  Also if you  had a 50.00001% OS when should have been dx, and a 49.99999%OS when dx you have a maximum loss claim.  

Many states have more sensible laws, called Last Best Chance, but not here. 

Have spent much of day looking up cases and law, I have decided it leaves and empty feeling.  When I'm looking up treatments and threads like these here, I feel I'm trying to help Cam,    So as a Miss S. O'hare once almost said, 'I'll think about malpractice tomorrow at Tara'   But will be aware of the two year statute of limitations And the max out point of all credit cards.