Legal Question in Medical Malpractice in Iowa

Lost Lymph Nodes

My 32 year old wife was diagnosed with tongue cancer 1 month ago. The ENT doctor said he wanted remove the left half of her tongue removing the tumor and remove the left neck lymph nodes. The lymph nodes were to be tested for cancer if one or more were positive for cancer then my wife would have to get radiation. The surgery went well. 4 days later the doctor and a hospital administrator came to the room and told us that the hospital had lost the lymph nodes. They appologized and said they would pay for a second opinoin but they recommended radiation since there was no way to know. They did send people to the land fill to look for the lymph nodes. They did find 1/5 of them and tried testing them and to the best of their ability with decaying lymph nodes said that thelymph nodes that were found were negative for cancer cells. We got a second and third opinoin from the Top Midwest expert doctors. Both said that it was a toss up to do radiation but if we did have all of the lymph nodes and they were negative then they said no to radiation. This will add 5 months of recovery with home help nurse since we have 3 kids and my wife has a feeding tube and a tracheotomy. Do we have a case? I would appreciate any guidance.


Asked on 7/04/07, 11:30 am

2 Answers from Attorneys
Stephen Lombardi Lombardi Law Firm

Re: Lost Lymph Nodes

Before expressing an opinion I would need to meet with you. You should phone the office to set a time to either meet in person or talk on the phone. Thank you. Steve Lombardi

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Answered on 7/09/07, 12:59 pm
Matt Belcher Belcher Law Office

Re: Lost Lymph Nodes

Wow.

This is a lot of information.

You need to order all of the medical records and have them reviewed by an expert witness.

In the state of Illinois, you have two years from the date you should have discovered the malpractice to file a lawsuit.

In order to file that suit, the law requires that an expert file an affidavit that there is a meritorious cause of action.

I think that this is a circumstance which warrants review by a medical professional.

Please call and make an appointment with a few lawyers who are medical malpractice experienced and then hire the one who you determine will do the best job for you.

Good Luck,

Matt Belcher

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Answered on 7/04/07, 11:42 pm


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