Hi Jill,

We've been caught in a similar problem with biopsy slides and a misdiagnosis. In J's case, the first pathologist DX'd cancer when it was a benign cyst (still waiting for the scan, but it looks like the 2nd opinion was correct.) We didn't get the 2nd opinion results until after he had teeth pulled, a tonsillectomy, chemotherapy, and radiation. Thankfully, he didn't go through the whole course of treatment.

I was told in no uncertain terms by a pathologist at a well-respected and acclaimed CCC that once a cancer diagnosis is rendered, it is nearly impossible to reverse it. While there are many good doctors out there, there are many who will cover up for their colleagues--especially when there is bodily harm and death involved. J's first ENT told me that no institution is immune to corruption and that it was reasonable for me to question the validity of a 3rd opinion (tie-breaker) sought by the original pathologist. We were told that the 3rd opinion was supposed to be from the "leaders in SCC HN diagnosis, treatment and research." The pathologist who signed the 3rd opinion was a cardiac transplant pathologist--not even having a passing interest in SCC HN. He diagnosed J as having cancer. Be careful who you talk to. If they know what has happened to Ken, they may not tell you the truth.

I suggest talking to a malpractice attorney who will not only take your case but will most likely associate with a doctor he or she uses as a special witness in medical malpractice cases. You need someone who will be on your side without any reason for a bias against your case.

We have all of J's biopsy slides in our possession. J checked them out of the hospital where he had the biopsies. It is his property. There is nothing the doctors nor the hospital can do to prevent him from having them or any pieces of him they have removed and saved. I will not return the slides until the matter of his diagnosis is resolved. They asked what we were going to do with them and we told them that it was none of their business. Period. You may want to take possession of those slides. It will save a step in the legal process, anyway.

There are slides from Ken's October biopsy. There are slides from Ken's December biopsy. Have them evaluated by a good pathologist who is trustworthy. If cancer shows up in both sets, it sounds like the MGH pathologist screwed up in October. You may have a case if it can be proven that the delay in diagnosing Ken caused him to not be treated in a timely and/or effective fashion which contributed to his death.

I don't think that Dana Farber would be culpable since Ken opted not to pursue the 2nd opinion. However, once the process is started, they took the ball and ran with it. That happened to us, too. J couldn't make the consult for the 2nd opinion at the CCC because of oral surgery. Then the doc at the CCC was called away and canceled the rescheduled consult. J's oncologists were leaning on him hard to start treatment. So, he went ahead with it. Then the 2nd opinion came in--over the phone. And, all hell broke loose with all parties involved. Treatment halted. Doctors yelled at doctors. Doctors lied to J, me and other doctors. Doctors covered their butt. J got different doctors. Life calmed down a bit. We're preparing to go back into the ring for another round.

Hold them accountable. Not only will you be vindicating Ken, you may be saving someone's life in the future. If he did not do his job or was inept in doing it, then whoever made the mistake needs to own it.

Good luck and keep strong.

Sandy