Suing previous radiologist for failure to diagnose?

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  • WC3
    WC3 Member Posts: 1,540
    edited August 2018

    marijen:

    It was almost two years between the misdiagnosis and proper diagnosis. I was 36 when I originally went in and I did so because I found a lump which struck me as new and odd, and I have a family history and considered myself high risk.

    I'm no longer going to the same facility. They were not part of my regular health care system. My GP gave me an order for an in system facility but they were booked for 3 weeks and, at the time, it seemed crazy to wait that long with what could be cancer. I had happened to have an appointment with my OB/gyn that same week, who was with a different health care system, and that facility was able to get me in within a week so it seemed to make more sense to go to that one.

    I have not yet confronted them as I have not yet secured an attorney (I shopped around a bit in the beginning but then the treatment avalanche hit and I'm in the middle of chemo right now with just about every type of anemia). I'm pretty sure they are aware they missed it because I had it reimaged at the same facility being they had the images from the first time and they seemed noticeably panicked/uncomfortable and made some damage control type comments.

    I'll share the name of the facility after I am given the ok by an attorney but I will say it's not university associated or a major cancer treatment center, or a small or independent facility, and while it has a breast imaging center, and you can have breast cancer treatment there, it's not known for breast cancer treatment.



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  • Cjzach10
    Cjzach10 Member Posts: 87
    edited August 2018

    Mammo tech here of 16 yrs. I wish I could say all of this is so surprising but I can't. My own mammogram had a finding on the last one that was missed. There are two rads reading for us offsite. The lead interpreting rad read my prior mammo and the other rad read mine this year. He told me this was on my last mammo! He told me that! And comparing the last 3 there was an obvious change from 3 yrs ago to last year. It was a small asymmetry what we mammo people call a ditsle in the left breast. About 3 x 6 mm. With architectural distortion. Now it's a 1.2 spiculated mass with microcalcifications and architectural distortion. I'm still beating myself up that I didn't question that! I had what turned out to be fibrous tissue in the right breast that I was more focused on and even ultrasounded it. Over the last few months I am overwhelmed with cancers that are being missed by what I consider above average radiologists. Even today I processed a patient that is being followed for skin thickening for 3 years! The original mammogram recommended skin biopsy! She came to us a 3 yrs ago with a birads 4 mammogram from an outside facility. BIOPSY RECOMMENDED! Instead pt and our surgeon chose to follow it. Rads even commented it looked improved on her last short term followup. Now once again with this recent mammogram the rad is recommending skin biopsy. No shit!! The pt has inflammatory breast cancer! Makes me mad all over just thinking about it. I'm gonna overstep my bounds and have my clinical supervisor talk to our surgeon. Her skin in 2 areas is 1cm thick! Please all you women out there stay on top of these missed findings. Part of the problem is overload. Too many patients crammed in the schedule and rads and techs doing more than they should. Still..no excuse for this! Something has to change! In the last month there's been I think 3 that have been missed. One was read out as negative from her dx callback and it was a slightly spiculated mass about 2cm. Bsgi lit up like a Christmas tree in multiple areas in that breast. We were able to call her referring doc and request that she have a sonogram. I could go on and on but I've gotta stop. Im not sure what the answer is but it has to get better somehow!

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  • WC3
    WC3 Member Posts: 1,540
    edited August 2018

    Cjzach10:

    Yeah I am starting to realize that radiologists miss a lot of things. The gem was an obvious (even to a lay person) 0.7mm brain tumor on a relative's MRI.

    I really think radiologist should operate more like other doctors and allow patients the option of sitting down with them and going over the images and results together. Yes I want to know what normal looks like and what my disease looks like and what that spot over there is that no one has said anything about. But as things are now, if I have questions like that, my doctor has to serve as a go between.

    I guess the reasoning is that the ordering doctor delivers the results whether they are blood test results or radiological results but my GP and MO can answer all of my questions about my blood work directly but most doctors who are not radiologists will not touch radiology questions because they are not qualified to do so in a professional capacity.

    Patients often have to relay questions to the radiologist through their doctor and a lot of doctors aren't willing to pursue the answers or feel inconvenienced by doing so.




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  • edwards750
    edwards750 Member Posts: 3,761
    edited August 2018

    One thing I have learned from my BC DX is to be your own advocate. I think we have all relied on our doctors expertise in the past and never thought to question them about their DX and treatments. That is no longer the case.


    I think doctors are on overload. Patients are scheduled for appointments too close together so when we get in to see them the meter is running.


    My situation was with my MO. Not as serious as what you guys are dealing with but she prescribed Arimidex for me in my first year knowing I had osteopenia. Newsflash Arimidex attacks the bones. I called her on it and she switched me to Tamoxifen. I now have osteoporosis. I’m not saying it wouldn’t have happened anyway but that year on Arimidex certainly didn’t help.


    The scary thing is it isn’t just radiologists who are doing their due diligence via the express lane it’s pretty much all of the medical profession. I had a PA get bent out of shape when she recommended I do one thing and I said I would wait until the radiologist read my X-ray. The tech doing the X-ray was nervous and a boneheaded and had to do the X-rays several times. She asked me if I was wearing an underwire bra? I wasn’t. Not a lot of confidence in her. The PA said the radiologistwould agree with her. He didn’t.


    I do have faith in my internist. She’s thorough and no nonsense. She’s already been proactive on some things and always follows up. She spends time talking not just prescribing meds.


    I have chosen to have my mammograms done at a new facility. It’s one where it’s not head them up and move them out like my previous one. There were 3 people in the waiting room when I had my appointment.


    Good luck ladies. Despite being human doctors are also accountable.


    Diane
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  • marijen
    marijen Member Posts: 3,731
    edited August 2018

    I decided to look this up thinking maybe they don’t get paid enough, wrong!

    The median salary for a radiation oncologist is $329,000.

    Salary$175,329 - $496,598
    Bonus$2,576 - $121,198
    Profit Sharing$76,000
    Total Pay (?)$155,378 - $505,614
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  • WC3
    WC3 Member Posts: 1,540
    edited August 2018

    marijen:

    Yep. And that is about right for radiologists in my area but their insurance would actually be the one paying out. They might see their insurance premiums rise but it's not going to hurt their pocketbook. Meanwhile I haven't been able to work during much of my treatment and I don't make anywhere even close to what a radiologist does.


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  • marijen
    marijen Member Posts: 3,731
    edited August 2018

    Right WC3. And for that kind of money they should be expected to do their jobs correctly. I’m tired of the hearing about heavy schedules. A lot of it has to do with the EHRs demands. The electronic health records requirements and the coding laws.

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