Time to sue?

I don't know about a suit, unless the AsSeenOnTV medication caused the cancer/caused the cancer to get worse...

Will be keeping you in thoughts and prayers.

Sorry to hear, man.

Did i read that right that the doctor gave her cancer somehow, though? If that's the case, then yes... that could be considered malpractice.

If it's a misdiagnosis and the doctor merely didn't think that she already HAD cancer, then no, you'd have no grounds to stand on.

Good luck.

mguar wrote: In reply to JohnInKansas: Yes that's exactly what caused the cancer. (in my humble opinion) What the medicine does is reduce the immune system. Her weakened immune system created the climate where inside of 2 months this disease developed and is now stage 4

She already had it in a latent form or genetic predisposition. The medicine just created the favorable enviroment for it to replicate aggressively.

I know this example isn't on the same scale, but if my wife takes an antibiotic to clear up something and contracts a UTI, does that mean I can sue? Same mechanisms in place.

I wish your wife the best. The cost of cancer drugs is disgustingly high.

I assume she was taking one of the immune suppressants that have become quite popular. I had a doctor that tried to talk me into taking Remicade infusions for Crohn's disease. They all come with big warnings regarding TB and cancer. Some even warn against heart attacks. I never did the Remicade but take Imunran.

Bloody hell, sorry to hear that

If it's one of the medications that can increase the risk of cancer you may have a case.

Don't they do any kind of genetic screening/background check for predisposition to cancer before starting these things?

I'll have to see what Dr. Hess has to say.

Oh, wow. Man, I am so sorry to hear this.

I would certainly hope the original diagnosis leading to the As Seen On TV medication prescription would include a screening of some sort. If not, then there may be a leg to stand on, legally speaking. And yes this is why so many doctors order a whole battery of expensive tests.

mguar: I have attorneys in my family that do medical malpractice work. They will probably not be able to take your case themselves since they're not in your area, but they should be able to consult and possibly make a referral to someone near you. Shoot me a PM if you'd like their contact information.

First, regardless of anything else, I'm very sorry to hear of your situation. No amount of money could make it an easier situation to deal with. That said, I have my own personal thoughts on suing.

I also take an immune suppressing drug for a disease I have. Why do I have the disease? Hard to say for sure, but years back I was prescribed a drug that has since been linked to cause the disease which requires me to now take this immunosuppresent. Is it possible there is a direct link? Absolutely. But do I see it as malpractice by the doctor? No. I believe that at the time, he was doing his level best to help me and he had no way of knowing this was going to happen.

Moving forward to today. Could my immune suppressing drug cause me problems? Oh yeah. I've already had mono, pneumonia, and a host of upper respiratory infections. But if I get cancer, can I say it "caused" the cancer? No. Again, we're (the doctor and I) doing the best we can to keep me as healthy as possible. Medicine isn't black and white.

I don't see stuff like that as malpractice. If a doctor definitely could have or clearly should have known better, then you could make the case.

All the best to you and your wife.

I don't where all he can practice, but John Edwards may be available in a short while. He has a good reputation for winning money from malpractice cases.

I can't even imagine....so sorry to hear about it.

I am so sorry to hear this, prayers best wishes.

Steve

Ah, e36m3 man...

Know that you've got a support network here. Let us know if you need ANYTHING.

I am so sorry to hear this mguar. You will both be in my thoughts.

Sorry to hear of your wifes awful situation. I'm no lawer, but I would think that its time to consult one, I doubt the Dr. in question is at fault, but the drug manufacturer certainly could be. Good luck.

id atleast speak with a lawyer see what thier opinion on everything is.

The whole thing sucks. What do you hope to get out of the suit? It sounds like the insanely priced medication is covered. Do you have other costs you wish to have covered? Do you wish to punish the drug company or the doctor or get them to admit practicing bad medicine or pharmacology?

Whatever you decide to do, I wish you the best.

sorry to hear this as well.. prayers are with you and your wife.

I watched some friends go through this over a hospital killing their son. The years of denials and obfuscations and apeals and denials, etc. Every time the emotional wounds would start to scab over, the lawyers would rip it off and scratch around in it. It was ugly, and did nothing for their dead son.

In the end, it was a pittance. Mostly because this state is capped for medical liability.

Really, it wasn't until it was all settled (and no one ever admitted fault or appologized) that my friends genuinely started to get on with their lives again.

I'm not saying don't sue. And you seem to be calm and rational. That's a good thing. I am willing to say, without a dying wife or child, that suing doesn't seem to actually give much satisfaction, if any.

mguar,

Sorry to hear what you're going through. While many here are well intentioned, most here are not lawyers, nor doctors licensed to practice where you are who can competently advise you as to the merits of the claim.

While some may have gone through something similar, every circumstance is different; no one can really know what you and your wife are feeling now.

With the above in mind, rather than seek advice from strangers in a car forum, I highly recommend you seek the advice of an attorney licensed to practice in your area who is familiar with medical malpractice cases. This is something that should be done sooner, rather than later. Most are willing to give free consultations to go over the merits of your claim and assess whether you have a case. If they assess that the merits are good, many are also willing to work on a contingency fee basis, so you are not out of pocket. The best will have a background in or deep knowledge of the medical issues relevant to your situation and can help you decide for yourself whether you ought to pursue a case.

Regardless, I'm sorry to hear you are going through such a terrible situation.

Just food for thought. How would the attorney show the doctor made a mistake? If a doctor leaves a tool in somebody or amputates the wrong foot, that's a clear and obvious mistake. But if a doctor is acting in good faith and using all the information available to them to try to make a diagnosis which turns out to be incorrect, is that really a "mistake"? A lot of medicine is a guessing game. Unfortunately, humans don't have OBDII ports to give a read out to say exactly what the issue is. Too often, we hear about people who have gone to multiple doctors with symptoms and they can't figure out exactly what's going on, or it takes a very long time. To me, it doesn't mean all the doctors are making mistakes, it's just that the human body is more complicated than we'll ever understand.

Again, for your current situation, all of this is neither here nor there. Spend time with her, cherish every moment. I don't think you need any of us to tell you that.

Klayfish wrote: Spend time with her, cherish every moment. I don't think you need any of us to tell you that.

QFT. Any suit while she's with you will waste time that you could be enjoying together. What you need to decide is, is the potential payout worth losing days/weeks/months of quality time together in courtrooms?

mguar, FWIW, you and your wife are in my family's prayers.

mpolans wrote: mguar, With the above in mind, rather than seek advice from strangers in a car forum, I highly recommend you seek the advice of an attorney licensed to practice in your area who is familiar with medical malpractice cases. This is something that should be done sooner, rather than later. .

Yes, this is good advice. First, have a lawyer tell you when the statute of limitations would have started to run. In some states it's "statute of repose."