Medical Malpractice Medical negligence resulting mother's death from cancer...

[ddl40]

My mom died recently of colorectal cancer and she and I believed that both the doctor who performed surveillance colonoscopies and the Oncologist who treated her for her first fight with cancer mismanaged her medical care.

She was sent to a different doctor for colonoscopies after the previous one had retired. She was examined over and over for stomach pain, constipation, and diarrhea and all the doctor ever said was that it was IBS and other related ailments. She finally started to pass blood and was told it was probably a hemorrhoid inside and it got to the point where she was so sick that the examined her thoroughly and found tumors. She was referred for chemotherapy and radiation to the local oncologist followed by surgery for excision of the primary tumor followed by chemotherapy. After all of this stress and pain she started to feel better but then about six months or so later the problems started up again. We talked to her Onocologist who stated it was just probably IBS or scarring from the surgery. Around January of 2008 she was unable to void from her bowel for almost a week and she was in bed all the time with terrible nausea and we just decided to ignore her doctor and take her to the ER. Once there she was diagnosed as having the tumor having grown back and blocking off her bowel completely and they had to perform an emergency colostomy along with a left kidney stent. We were informed if we hadnt brought her in then she would have been dead within a weeks time.

She made it through the surgery and started treatment with a different oncologist who took far better care of her but she developed a fistula halfway through the chemotherapy and we had to stop. The fistula diagnosis took forever to be recognized by her regular physicians who kept saying that it was what to be expected as the area down there would still secrete material even though I told them this wasnt normal to have this kind of bowel problems especially when it should have been going into the colostomy bag to start with.

Eventually the fistula resolved and we were going to arrange for her to go to Mayo Clinic in Rochester, MN possibly by sending her medical records back there. We eventually decided not to as her physical condition was too deteriorated to make the trip. Even getting the medical records forwarded was a problem as primary medical doctor and the first oncologist took forever to do it and we still do not have them back. Her secondary oncologist was perfect he sent his records and then got them back for us after we didnt go.

Mayo did recommend a new type of drug called ceftexumab and her oncologist agreed and arranged for her to get the treatments in her hometown under the administration of her fist onocologist rather than traveling to her second oncologists office in another town due to her condition.

This first onocologist was just supposed to oversee the administration of this drug and from the start acted like she was his pateint again even going so far as to convince her to take Vectibex instead of ceftexumab on his own personal feelings. My mom was only able to make two treatments as the stress on her depeleted body was doing more damage than good. This first onocologist said that there was a choice between continuing treatment which would do more harm than good and stopping and just dieing. My mom chose the latter and we thought that if we got her body strengthened she could start chemo again. She was given 3-6 months and died two weeks later.

All along on all sides it has been one fight after another to get answers and treament for her and now she is gone. We live in a pretty small town and I have heard and grown suspcious of the hospital and doctors. I as well as her and others believed that if she had gotten diagnosed correctly from the start and treated correctly and followed up correctly from the start she might have had a better chance at fight this and at least more time instead of suffering for years. She literally sufferred with no relief for this entire last year and I just want some answers. No one not even an animal deserved the type of treatment my mother got from these people. The only doctor that ever gave her the type of treatment she deserved was her second onocologist.

Is this negligence and if so how do I go about making this people pay, I dont have a lot of money for good lawyers. Someone please help me.

 

[dee_dub]

You'll need to show that the treatment by the oncologist deviated from the accepted standard of medical practice, and that this harmed your mother. Showing deviation from the standard will be a tough fight requiring expert evidence. The standard might be lowered because the doctor was practicing in a small community (not sure what the law on this is in your jurisdiction). Your mother's acquiescence in the first oncologist's decision to change the medication is not tremendously favourable. Without money for lawyers, your case is not going anywhere.

 

[ddl40]

Update....

I found out something at the funeral today that I didnt know. My grandfather apparently had something of the same thing so my mom was religious about getting her scheduled colonoscopies to catch problems early. From what I learned from a close friend of my mom's today she said that my mother told her that the doctor who performed all these colonoscopies kept diagnosing her as having internal hemorrhoids and that he misdiagnosed the tumor as that. Would this be an avenue to investigate because if this is true it means that she would have been able to catch it earlier and possibly have saved her life. What should I do from here. Any advice would be greatly appreciated.

Thank you.

 

[dee_dub]

Yes, it would certainly be worthwhile ascertaining whether the doctor misdiagnosed something they should have caught. What you do from here is get a lawyer versed in medical malpractice.

 

[ddl40]

Is there a status of limitation to file a case of medical malpractice and if so what is it. My mom lived in CA.

 

[dee_dub]

A typical limitations period is 2 years. I can't help you with California law. You can search Google as easy as I.

 

[ceejay2005]

More people die each year in the United States from medical errors than from highway accidents, breast cancer or AIDS. Medical Malpractice or Medical Negligence is when injury or death occurs as a direct result of the failure of a physician or other health care provider (hospital, nurse, obstetrician, nursing home, anesthesiologist, pharmacist) to properly treat a medical condition. The injury or death caused by the negligence may be either a new condition or an aggravated injury to the patient. A doctor cannot be held responsible if the underlying medical problem was the cause of the death or injury.

Many situations result in medical malpractice or negligence cases and it is important to remember that not all medical situations that end badly are the cause of malpractice. Some examples of situations that may be construed to be medical negligence or malpractice include:

* Misdiagnosis or Failure to Diagnose Cancer;
* Coma, Nerve Damage or Death due to Anesthesiological Mistakes;
* Improper Administration of Prescription or Non-Prescription Drugs;
* Improper Use of a Medical Device or Implant;
* Surgical Procedures done without Patient Consent;
* Failure to Order the Proper Tests;
* Failure to Consult with a Specialist;
* Failure to Properly Monitor a Patient;
* Injury to Mother or Child during a VBAC (vaginal birth after C-Section);
* Birth Injury or Birth Trauma due to Obstetrical, Nursing, Hospital or Physician Malpractice;
* Incorrect Treatment of a Diagnosed Illness;
* Failure of Hospital Staff to Properly Interpret Doctors' Notes on Patient Charts, Resulting in Incorrect Administration of Medications or Treatments.
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