I am wondering if anyone has had experience with malpractice cases. Everyone is telling me I should sue since Ken's death. A little background - Ken originally had a biopsy in Oct. 2009. It came back negative. They did another biopsy in Dec. 2010 and it came back positive. We originally were trying to get a 2nd opinion from Dana Farber in December 2010 but they were taking awhile to get back to Ken so he decided not to pursue it and stay with Mass General. Dana Farber had contacted MGH in the meantime and requested the original biopsy. They concluded there were markers on the original biopsy from Oct. 2009. I was not at the appt. where they told Ken about what they found out from Dana Farber but I do know they told him the head of Pathology was willing to talk to him (and he possibly may have told me they said he would apologize but I am not 100% sure on that). NOw that he has passed away his parents and mine think it would be good to talk to a lawyer. Obviously all we really want is for Ken to still be here but maybe it makes sense to help me to worry less about MOrgan's future? Just curious if anyone else had simliar experiences.

Perhaps request a copy of the original biopsy have an independant pathologist look at it and then decide. Try not to rush anything until you know what happened in his passing... the autopsy results. If his passing was preventable (cancer related) then you might have a case. Good luck and blessings to you... I know facing the future without him by your side has to be hard. Hugs.

We did not have an autopsy. The ER Dr. called the ME who said he didn't want to do one because bleeding was caused by either damage from radiation or the cancer spreading. We could have requested one but decided against it.

oh... that's hard... then the burden of proof is on you. If you had an autopsy and there was a definitive cause of death, then you would have a solid case... assuming mistakes were made on the initial pathology. Heresay isnt admissable, and you only know what your hubby told you was told to him. No hospital is going to admit a mistake was made at this point. You would need proof. Hugs. I wish you much luck with this if you decide to pursue it.

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

Doctors cannot be blamed if Pathology or Imaging goofs up! Since Head of Pathology was willing to talk, so possibly there is something they wanted to clarify.

I would agree with Sandy. You may be saving someone's life in the future.

I just saw your signature, T4N0M0 probably had a better chance with Surgery first followed by CCRT as no nodes were impacted and no mets. Did Ken refused surgery due to associated morbidity?

They told us surgery wasn't an option in the beginning and the best course of treatment was the radiation and chemo. It was a large ulcerated tumor at the base of tongue.

@ Eshwar: It is sad that basically an entire diagnosis often depends on a pathology department. The Path MD is responsible for J's likely misdiagnosis of cancer. However, J's radiation oncologist is responsible for misdiagnosing the stage of cancer because he relied solely on a PET scan to stage the mets to J's neck. And, the PET was performed right after he had severe throat infections and allergic reactions. In addition, his ENT failed to biopsy anything that showed up on the PET scan. He also allowed the cancer to be staged according to the PET scan w/o biopsy and allowed treatment to be based on that flawed staging. The treatment protocol would have been entirely different if the staging had changed. I confirmed it with the medical oncologist who, by the way, said in writing that the nodes that lit up on J'S PET scan were not diagnostic of a malignancy. He sent us a copy of J's chart with that statement on it, transcribed onto his letterhead and signed by him.

So, in J's case, 3 of the 5 doctors who were primarily entrusted to his care failed him. All of them can be held accountable for their part in this mess. I will hold their feet to the fire to make sure they don't do the same thing to anyone else.

If you plan on taking legal action, you cannot wait forever because of the statue of limitations. In Pennsylvania (USA) you must file suit within 2 years of when you became aware of the misdiagnosis. I don't know what the rules are in other states or countries.

I'm so sorry for your loss. Good luck with your decision.