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  1. #1
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    WWMTBRD? Doctor Missed a Tumor. How To Proceed?

    A family member recently found out they have terminal cancer. Another family member is in the medical field and discovered that a scan of that area 2 years prior (for an non-cancer related issue) revealed a large tumor. It was noted by the radiolologist, but the Dr. never followed up.
    The type of cancer is slow growing, and this discovery, if handled properly, could have been life saving.

    This is a clear cut case of malpractice. I know it's a mistake, and I make them often, but no one's life should be ruined from making a mistake. This mistake will take a life.

    If it was your family member, how would you proceed? The family member wants to leave something behind for the family. But they would like guidance on what to do. What is appropriate amount of compensation?

    I don't want to be greedy, but I often get cloudy when $$ is involved.

  2. #2
    duh
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    this is why doctors carry malpractice insurance.
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    the big aussie rep bomb is comin your way

  3. #3
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    If mentioned by radiologist and neglected to be mentioned/followed up on by MD, I agree that this is on the physician.
    I work in a md office and know how important it is to is discuss every finding and review options. Now should the individual choose not to proceed with the follow up recommended that changes things. Not what it sounds like here.

    So sorry to hear about your family member.


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  4. #4
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    WWMTBRD? Doctor Missed a Tumor. How To Proceed?

    Does you family member want to live their remaining days fighting a legal battle against this doctor?
    I would like to think that if I was put in a similar position, that I would chose spending quality time with my family over malpractice lawsuits and legal wrangling.

    Of course, there is always this option -
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    Its all Shits and Giggles until somebody Giggles and Shits

  5. #5
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    Quote Originally Posted by Brewtality View Post
    Does you family member want to live their remaining days fighting a legal battle against this doctor?
    I would like to think that if I was put in a similar position, that I would chose spending quality time with my family over malpractice lawsuits and legal wrangling.
    Family member is bed ridden, not going to be the one doing the wrangling. Might not be alive to witness the outcome.

  6. #6
    I didn't do it
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    Rather than ask us I strongly urge you to talk to an attorney.
    Let's eat Ted
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    Remember, commas save lives

  7. #7
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    This why doctors pay SO MUCH for their malpractice insurance. Even if your'e a doctor, if you kill somebody, it's supposed to count.
    Re-Cycled Person who rides a mountain bicycle.

  8. #8
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    This is a legal matter that disturbs me deeply. Doctors should not get sued. "Malpractice" should be an illegal term to use in human language. How many miracles does a doctor perform on a regular basis before a hiccup occurs? Show me the contract where we all sign our names on the dotted line that guarantees all services rendered in the medical field will be 100% effective/guaranteed? Who's to say that even if the doctor had acted on the matter back when he/she was notified, that anything could even be done to save the ill family member anyway? We go to doctors for help because we trust them. But, this is science and there are no guarantees. Nothing in life is 100% guaranteed. Leave the doctor out of it. It's not the doctor's fault the unfortunate family member had a tumor in the first place. Spend quality time with the ailing family member. Cherish the times remembered and spent together. In the end, that is all we really ever had.
    fee-fy-fo-fum...

  9. #9
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    Quote Originally Posted by Hawg View Post
    This is a legal matter that disturbs me deeply. Doctors should not get sued. "Malpractice" should be an illegal term to use in human language. How many miracles does a doctor perform on a regular basis before a hiccup occurs? Show me the contract where we all sign our names on the dotted line that guarantees all services rendered in the medical field will be 100% effective/guaranteed? Who's to say that even if the doctor had acted on the matter back when he/she was notified, that anything could even be done to save the ill family member anyway? We go to doctors for help because we trust them. But, this is science and there are no guarantees. Nothing in life is 100% guaranteed. Leave the doctor out of it. It's not the doctor's fault the unfortunate family member had a tumor in the first place. Spend quality time with the ailing family member. Cherish the times remembered and spent together. In the end, that is all we really ever had.

    Sorry, Hawg, but technically, nobody is above the law. That said, I believe that in countries with national health care policies (every first-world nation except the U.S.) there is little if any malpractice suing. I could be mistaken, but i think that's how it is..and also, how it is, when you make health care into a free-market commodity. Profit/fees first, compassion/ethics second. For practitioners, AND for the attorneys.
    I think we (U.S.) can do better. And one day, we WILL.
    Re-Cycled Person who rides a mountain bicycle.

  10. #10
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    Quote Originally Posted by Ray Raton View Post
    For practitioners, AND for the attorneys.
    I think we (U.S.) can do better. And one day, we WILL.
    I hope you are right, I want you to be, so please be right!

    Laws need to be rewritten for sure. Limits on what or who is "liable" need to be made. Frivolous lawsuits need to go bye-bye asap.
    fee-fy-fo-fum...

  11. #11
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    WWMTBRD? Doctor Missed a Tumor. How To Proceed?

    If it was my family, I would not post it on a public bicycle forum. Very sorry for your family member and I hope you guys get the professional opinion you seek.
    Wanted: WTB rollercams and brake bridges

  12. #12
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    Quote Originally Posted by Hawg View Post
    This is a legal matter that disturbs me deeply. Doctors should not get sued. "Malpractice" should be an illegal term to use in human language. How many miracles does a doctor perform on a regular basis before a hiccup occurs? Show me the contract where we all sign our names on the dotted line that guarantees all services rendered in the medical field will be 100% effective/guaranteed? Who's to say that even if the doctor had acted on the matter back when he/she was notified, that anything could even be done to save the ill family member anyway? We go to doctors for help because we trust them. But, this is science and there are no guarantees. Nothing in life is 100% guaranteed. Leave the doctor out of it. It's not the doctor's fault the unfortunate family member had a tumor in the first place. Spend quality time with the ailing family member. Cherish the times remembered and spent together. In the end, that is all we really ever had.
    I'm no fan of frivolous lawsuits, of which there are many, however, this wasn't a "hiccup," this is negligence. Whether or not the tumor could be dealt with successfully (OP states that it could have been) is immaterial. Tumor was spotted, Radiologist noted it, primary care physician should have seen it when reviewing the scan that they ordered and then notified the patient. In this case, the primary care physician did not do so.

    Lets change the circumstances: You take your wife's car to the shop for new brake pads; the brake technician notices that one of the brake lines has been chewed almost all the way through by a rodent and notifies the customer service rep of this issue; service rep neglects to inform you of this issue when you pick the car up and you drive away none-the-wiser; 6 months later, the line bursts, the brakes fail, and the car plunges off a curve resulting in injury and/or death to everyone in it. Negligence on the part of the customer service rep or just a hiccup in an otherwise great service record?

    To the OP: consult an attorney ASAP.

  13. #13
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    WWMTBRD? Doctor Missed a Tumor. How To Proceed?

    Quote Originally Posted by huntermos View Post
    I'm no fan of frivolous lawsuits, of which there are many, however, this wasn't a "hiccup," this is negligence. Whether or not the tumor could be dealt with successfully (OP states that it could have been) is immaterial. Tumor was spotted, Radiologist noted it, primary care physician should have seen it when reviewing the scan that they ordered and then notified the patient. In this case, the primary care physician did not do so.

    Lets change the circumstances: You take your wife's car to the shop for new brake pads; the brake technician notices that one of the brake lines has been chewed almost all the way through by a rodent and notifies the customer service rep of this issue; service rep neglects to inform you of this issue when you pick the car up and you drive away none-the-wiser; 6 months later, the line bursts, the brakes fail, and the car plunges off a curve resulting in injury and/or death to everyone in it. Negligence on the part of the customer service rep or just a hiccup in an otherwise great service record?

    To the OP: consult an attorney ASAP.
    As a professional mechanic, I was thinking about similar situations. If I fail to repair something properly, and it breaks within my company's workmanship warranty period, we are liable for the damages incurred. It should be no different with a doctor.
    You would not hesitate to ask your car mechanic to make things right. Why would you treat a doctor any different?
    Its all Shits and Giggles until somebody Giggles and Shits

  14. #14
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    Quote Originally Posted by huntermos View Post
    I'm no fan of frivolous lawsuits, of which there are many, however, this wasn't a "hiccup," this is negligence. Whether or not the tumor could be dealt with successfully (OP states that it could have been) is immaterial. Tumor was spotted, Radiologist noted it, primary care physician should have seen it when reviewing the scan that they ordered and then notified the patient. In this case, the primary care physician did not do so.

    Lets change the circumstances: You take your wife's car to the shop for new brake pads; the brake technician notices that one of the brake lines has been chewed almost all the way through by a rodent and notifies the customer service rep of this issue; service rep neglects to inform you of this issue when you pick the car up and you drive away none-the-wiser; 6 months later, the line bursts, the brakes fail, and the car plunges off a curve resulting in injury and/or death to everyone in it. Negligence on the part of the customer service rep or just a hiccup in an otherwise great service record?

    To the OP: consult an attorney ASAP.
    Not the same. You cannot use that as an example of this situation. NO!

    And what I am saying is that "negligence" shouldn't be so openly used. The doctor did not withhold info to kill the patient. And, is money gonna make everything all better? NO! How much is a life worth anyway? The answer is ZERO because a life is priceless. Ridiculous how someone could put a monetary value on a life...

    I'm sorry for the sick family member and everyone involved but money symbols are not going to make this any better and money symbols are not how anyone should ever be remembered.
    fee-fy-fo-fum...

  15. #15
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    Quote Originally Posted by Hawg View Post
    Not the same. You cannot use that as an example of this situation. NO!
    Oh, my bad. I'm stupid and don't realize that medical professionals are above reproach, that they are exempt from all responsibility that we mortals bear, that they can do no wrong, and that any death of a patient is the fault of that patient... Or is it that I cannot use cars as an example. Ok, lets replace "car" with household appliance, "service rep" with electrician, and "crash" with electrical fire.

  16. #16
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    Quote Originally Posted by huntermos View Post
    Oh, my bad. I'm stupid and don't realize that medical professionals are above reproach, that they are exempt from all responsibility that we mortals bear, that they can do no wrong, and that any death of a patient is the fault of that patient... Or is it that I cannot use cars as an example. Ok, lets replace "car" with household appliance, "service rep" with electrician, and "crash" with electrical fire.
    You're sounding more and more like a lawyer to me...

    Why does there even have to be a "fault"? Everyone dies of something or another. If you drop dead tomorrow, it was your time. Nobody's fault, just your fate.
    fee-fy-fo-fum...

  17. #17
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    WWMTBRD? Doctor Missed a Tumor. How To Proceed?

    Quote Originally Posted by Hawg View Post
    Not the same. You cannot use that as an example of this situation. NO!
    Sure you can. Lawsuits have several functions in these situations.
    The family will have thousands of dollars in medical bills, lost time from work (taking care of a cancer patient is a full time job), hospice care bills, funeral expenses. The doctor that neglected to notify the patient of the tumor shares responsibility in dealing with these expenses.
    The family potentially has a lifetime of lost wages from the loss of the family member. Of course that depends upon the roll of the family member. In my family, I am the only wage earner. If I were to die prematurely, my family would lose everything.
    There is also a punitive effect to a lawsuit. Doctors should not be allowed to be careless in their duties without due consequences. They have to be held responsible for negligent decisions.
    Its all Shits and Giggles until somebody Giggles and Shits

  18. #18
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    Brew, in your reply it almost sounds like you are hoping a doctor will screw up so that he/she can foot the bill for taking take of the deceased family member costs. That's how fvcked up this world has become. Money is all things. To me, that makes it worthless.
    fee-fy-fo-fum...

  19. #19
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    WWMTBRD? Doctor Missed a Tumor. How To Proceed?

    Quote Originally Posted by Hawg View Post
    Brew, in your reply it almost sounds like you are hoping a doctor will screw up so that he/she can foot the bill for taking take of the deceased family member costs. That's how fvcked up this world has become. Money is all things. To me, that makes it worthless.
    No. Not at all. I am just laying out common sense reasons why doctors should be sued when they screw up. Doctors accept a huge responsibility with their careers. They get paid very well for what the do but when thing go wrong, especially for negligence, their should be a huge penalty for that as well.
    Its all Shits and Giggles until somebody Giggles and Shits

  20. #20
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    Quote Originally Posted by Hawg View Post
    You're sounding more and more like a lawyer to me...

    Why does there even have to be a "fault"? Everyone dies of something or another. If you drop dead tomorrow, it was your time. Nobody's fault, just your fate.
    And you sound like someone who was found negligent for something that injured someone else...

    Using your "logic," a driver that is so engrossed on their cell phone that they kill a pedestrian walking in a crosswalk at a red light shouldn't be held responsible, as -for all we know- that pedestrian may die in the next year from/in a: fire, plane crash, stabbing, choking, stroke, take your pick. The driver was negligent and caused someone's death, and you think that they shouldn't be found at fault. That's ludicrous!

    I can understand your anger at frivolous lawsuits, but the situation described by the OP is not. The doc ordered a test, the test showed a tumor, the tumor was identified and the doc notified, the doc neglected to inform the patient, the patient is now terminal with a cancer that was likely treatable and survivable. Now that individual and their family has lost years -probably decades- of life, but that's ok by you because "everyone dies of something or other." How compassionate of you...

  21. #21
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    I don't know that there is any ONE person to blame, or any need for finger pointing. It is more concerning that the issue slipped through the cracks. What should concern us more is how the system failed, not any one link in the chain.

  22. #22
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    Quote Originally Posted by Hawg View Post
    You're sounding more and more like a lawyer to me...

    Why does there even have to be a "fault"? Everyone dies of something or another. If you drop dead tomorrow, it was your time. Nobody's fault, just your fate.
    OK, Hawg, SPILL IT! What did you do? You can tell us here because we are ALL your friends!
    Re-Cycled Person who rides a mountain bicycle.

  23. #23
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    Quote Originally Posted by Ray Raton View Post
    OK, Hawg, SPILL IT! What did you do? You can tell us here because we are ALL your friends!
    I am guilty of everything a person could be guilty of simply because I am a sinner in God's eyes. How's that work for you?
    fee-fy-fo-fum...

  24. #24
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    Quote Originally Posted by nwbikur View Post
    Rather than ask us I strongly urge you to talk to an attorney.
    +1. Why ask a bunch of monkeys a serious question? And yes 99% of us are morons.

    Please, this is a serious matter that deserves the action of an attorney. If that physician missed something so obvious as this, chances are he missed other things, in other people, as well. Go get an attorney.
    On MTBR, the reputation is infamous.

  25. #25
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    Quote Originally Posted by Hawg View Post
    I am guilty of everything a person could be guilty of simply because I am a sinner in God's eyes. How's that work for you?
    If it works for YOU, that's all that really matters. For me, I try to stay out of God's eyes!
    Re-Cycled Person who rides a mountain bicycle.

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