Legal Question in Medical Malpractice in California

Misdiagnosis of Cancer spread

I was diagnosed with testicular cancer in October and had surgery to remove the testicle and tumor (Non-seminoma 1.9 cm). Following the surgery I had additional CT scan and Pet scan at 2 separate radiology centers. Based on the results, the Oncologist informed me that the Pet Scan revealed spreading to the lymph node area a 2cm mass and I need chemotherapy immediately. After 3 months of chemo, another CT revealed a 3.5 cm mass in the same lymph node area. The Oncologist ordered another Pet scan and sent me to the Urologist to discuss exploratory inguinal surgery. The urologist said the ct was wrong and they were actually viewing my testicle. The Pet scan results came back and they once again said the mass in the lymph node area was there and was now 2.2cm and tumor could not be ruled out.

To make a long story short, my next visit with the Oncologist I was told everything was fine. He would not admit an error had been made but did say he understands that it is a bit unsettling.

So what I have determined, is that because of the Pet scan center's error, the Oncologist was quick to administer chemo unnecessarily. I am out thousands of dollars for un-needed treatment, not to mention missed work, and mental and physical pain. Advice?


Asked on 4/06/05, 5:20 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Misdiagnosis of Cancer spread

YOur health is the most important issue. I'd get copies of your studies and get a second opinion from a place like USC or City of Hope, which are NIH Dedicated Cancer Centers. If you are not fine, you need further treatment. If you are you injury is too small to sue over in a medical malpractice case. YOu can review some of my previous postings about the economics of medical malpractice cases.

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Answered on 4/06/05, 5:42 pm
Terry A. Nelson Nelson & Lawless

Re: Misdiagnosis of Cancer spread

You have conflicting medical opinions. In order to succeed in a malpractice claim you have to have a strong opinion from an expert that says there is no doubt about negligence. If you get that, you can bring suit.

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Answered on 4/06/05, 6:41 pm


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