Legal Question in Medical Malpractice in Ohio
Absence of care - Cancer
My mother presently age 68, was diagnosed with breat cancer in 1992 and uterine cancer in 2003. The gynecologist she had seen for 20 yrs performed a complete hyterecomy in 2003. He did not refer her to a gynecologist oncologist even with him knowing she had uterine cancer before her hysterectomy. He failed to completly remove all of her rt. ovary and 10/05 she has been diagnosed with stage IIIc ovarian cancer. It has attacked her abdomen and organs in the absence of complete ovaries. Does she have a case? He didn't refer her to a specialist with her history and knowing she had cancer. He also didn't get all the tissue and this resulted in cancer that would have not occured had the ovarian tisue been taken out properly and or he had refered her to an oncologist. The way we know the tissue was present was due to the speicialist who did her debulking surgery (at another hospital) noted the presense of the tissue in his surgical report. She is in so much pain going through the chemo and it is terrible to see her having to live like this. Thank you for your help.
4 Answers from Attorneys
Re: Absence of care - Cancer
As you probably already know, ther is a one year statur of limitation within which to file a lawsuit. That time starts to run upon the date of discovery of the possible malpractice. Act immediately!! If you already have records and can provide to an attorney, do it.
If you have any questions, feel free to call.
--Tim 216.227.0900
Re: Absence of care - Cancer
You need to act immediately to avoid a statute of limitations problem by filing before a year from the date you should have reasonably known about the malpractice. Contact an attorney now to at least save the claim.
My Mother just went through chemo (ending last week). I think it would be very good for you to contact me, if only for that purpose, since she she learned a lot about surviving it and about alkaline diets...thought I should offer that help.
Joe Jacobs
216.952.1990
216.227.0900
Re: Absence of care - Cancer
In order to properly advise you of the merits of the claim, consult with an attorney with experience in this area. I would be happy to talk to you about the case and the statute of limitations issues ( 1 year in Ohio ). I need 3 pieces of info to analyze your case: (1) The path report from 10/5: It seems odd that she would have 3 different kinds of cancer, although she could be an oncopath. It is possible that what the 'ovarian cancer' is actually an extension of the uterine cancer. (2) The op note and informed consent form from the hysterectomy: Was there supposed to be an oopherectomy with the hysterectomy? If she was S/P menopause, can't imagine why no oopherectomy. (3) Research as to the survival rates for Stage 1 ovarian cancer vs. Stage 3c need to be evaluated? I do not believe that it is standard practice for an OB/Gyn to remove a cancerous uterus without an oncology consult. Please consult promptly as there may be steps that need to be taken in your mom's case promptly. Give me a call if you want to discuss the case further.
Re: Absence of care - Cancer
Your mother's case certainly sounds like malpractice on the part of the treating physician, but a complete review of her medical records is necessary in order to give an accurate opinion. You also should know there is a one-year period in which to bring a lawsuit, or she loses her claim altogether.
My formal training and experience is in forensic medicine, and I have prosecuted and defended medical malpractice cases. It appears your mother's case needs immediate review.
Best of luck to your mother in her treatment.
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