Legal Question in Medical Malpractice in Wisconsin

lymph node removal for melanoma

After initial diagnosis 9 years earlier, I found a lump near my groin. My surgeon said he believed it was a metastasis. He removed the lump along with 2 other nodes, one on each side of the supposed affected one. He did a ''frozen section'' so he knew immediately that it was indeed a metastasis. I was given several different treatments and am now in stage 4, final stage of melanoma. There are no more treatments available for me. My research tells me that a sentinal node biopsy removing all nodes in the area is standard procedure, prohibiting the cancer from spreading as melanoma spreads via lymph nodes to other areas in the body. Did he perform malpractice by not removing them?


Asked on 5/01/04, 10:14 am

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: lymph node removal for melanoma

Generally, all of your medical records would need to be obtained and reviewed by a physician before an opinion could be given as to whether there was medical malpractice committed by a physician, so it is difficult to give you a definite answer at this time. Medical malpractice is generally a failure to meet the average standard of care by a physician within his field of expertise. There is generally a three year statute of limitations which requires the settlement or filing of a lawsuit within three years from the date of any potential negligence. There are potentially other extensions of that time period, depending on certain facts that may or may not exist in your situation. Has any other physician told you also that the other surgical procedures should have been done? Have you obtained a copy of any of your medical records? More information is needed in order to determine whether the statute of limitations will now prevent you from pursuing a potential claim. I would suggest that you call and speak to an attorney, whether it be our office or another firm that handles medical malpractice cases, so that more information may be obtained in order to determine if legal assistance can be provided to you.

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Answered on 5/01/04, 1:45 pm


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