Lawsuit Question/can I and Should I

This my opinion and I am not sure I am correct in saying this so please do not take me for my word!

I would think since all turned out well and that is why you are able to make the choice to get a second opinion then probably no, you can not sue. Yes, it COULD have cost both of your lives but since you got a second opinion and they found that it was malignant as well as aggressive you had it immediately removed and appropriate treatment.

Also, what trauma did having the wrong diagnosis cause? I think finding out that you have cancer period is traumatic! I just made 7 years cancer free and I am still traumatized by the whole thing so I know where you are coming from! The whole thing is very very scary! Did waiting for the second opinion change the results any?

Personally, if it is not for the money, then I would say put it in the past and let it go! You are blessed to be alive and considered cancer free which you already know! I really do not think if you were to file a law suit that it would go anywhere. I may consider not paying for the first diagnosis since it was wrong and if you already have then maybe ask for your money back- of course you will hear then that nothing is guaranteed and medicine is a practice blah blah blah! I guess for a perfectly correct answer I would call a few lawyers- be careful though since some will give you the run around... no offense to any on here... I am still looking for an honest personal injury attorney!

What ever you do decide I wish you lots of luck! I hope you continue to thank God everyday for giving you the intuition to follow your gut and seek out a second opinion! Many blessings to you and yours for a healthy future!

It is good that you are intuitive. I am happy that you are Cancer-free and your baby is healthy. Yes, you can sue if you find a lawyer to take your case and they feel you have a strong case.

Personally, what's the point? You have already won and your prize is that you are Cancer free with a healthy child. You will be forced to relive this trauma over and over by going through this lawsuit and living this anger and negative energy all over again.

It is good that you are intuitive. It is not good that you are still angry, otherwise you would not be asking this question. You need to make the decision to sue or make the decision to let go. I pray for peace for you in making your decision.

Life is too short to waste on sueing anyone when you have a life and a beautiful baby!
Take it as a blessing dear!
You are alive.
If you need to do something volunteer in the hospital. Start something that makes you feel good. All the negative energy in a law suit will drag you down.

Live it full and live it well!

Wow, what a story! I'm so glad you're doing well.

I don't know what you can or should do, but I'm starting to think diagnosis is as much art as science. And second opinions are not unusual; it's pretty much expected that people will get them routinely. In fact, a friend of mine thought she was having a lumpectomy and radiation and after a second opinion that found further cancer, is having chemotherapy after a masectomy right now. Thank God for the second opinion, but it seems like the first doctors also followed the standard of care - they just didn't perform that one extra (new, I guess) test.

So I guess my advice is to talk to a malpractice lawyer and see what they say. I think it may help you to just tell your whole experience to a third party. But I have a feeling that unless there is some negligence involved, misjudgment will be hard to sue for.

In any case, I wish you continued good health.

Medical malpractice lawsuits are not as easy to file as medical and insurance lobbies would like you to think. My husband is a personal injury attorney. Unless you or the baby suffered a permanent injury from the misdiagnosis, I don't believe a lawsuit will hold up in court (actually, you probably won't even be able to file it). From your post, it sounds like everyone is fine -- I'm glad for you. For peace of mind and to make sure there is no case there, I could forward my husband's information to you and you can talk to him directly.

You could of course always try, but there are always ways around these things. In a similar issue I requested copies of my papers (my right) and they conveniently removed the papers stating there was ever any problems stating the issues I was concerned with. So much for that proof.
They can also come up with other issues and a whole host of other things.High priced malpractise lawyers also represent the doctors don't forget. I am sure that somewhere in their wording are things like it is probable that it is benign or percentage or things like that. Unless you have a piece of paper signed by the original doctor stating yes you have a tumor and no way it will ever become cancer,oh and signed you are probably going to have to spend a lot of money on the right lawyer who would take this job,(but don't forget legal aide is out there, too for you if you are ready to fight it) and although you are very angry and it is very,very nasty and unfair your fight might be right now to fight your cancer. Emotional trauma is another issue and I heard it is not often won. I am not an expert however, I did finish paralegal school so I am an amateur at some of this but I listened pretty well. By the way they told me that my very healthy 19 year old son was going to be a Downs Syndrome set of twins that they thought died the next ultrasound I had. Those were the missing papers...

I was in a similar situation a few years ago - I did not sue but I can give you the name of a top notch attorney who will guide you and not charge you to to discuss. They only take "hands down" win cases and will let you know your options. This way you will know all your options and be able to make an informed decision. As time has passed I have become more comfortable with my decision - but it was very traumatic when I was in the midst of things and know your pain. Email me privately if you'd like to talk to the attorney I used.

Best,

N.

This is a hard decision to make. On one hand, you would be doing this not only for yourself but future patients as well, on the other hand lawsuits are part of the reason health care costs are so high (I do not disagree with most medical lawsuits by the way). Also, I would be traumatized too by knowing my baby and I could have died by not having treatment so soon, and it was the hospital's fault by not being thorough enough in your exams. You would have more peace of mind faster if you find some way to let it go, and it will take a long long time for this lawsuit to take its course in the court systems. Yet at the same time, how can you let such a serious misdiagnosis go? Honestly, this is a benign tumor assessment versus agressive cancer! That is a huge mistake in my opinion! I really feel where you are coming from. The best bet is to probably consult a few law offices that have experience in these cases and who consult for free. Then you will know where your case actually would stand in the actual courts. I am really distrustful of hospitals and doctors myself, and you truly do expect to come away from exams knowing the correct answer. There just seems to be so many bad decisions being made in healthcare today, and with all we pay for insurance and care, we should not feel as though it is going to be hit or miss with diagnoses and that it should be routine to have to see several doctors before knowing the truth.