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reba

Malpratice ..

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Went to Dr. for a cold .Had Mass in Chest ,was sent for a Biopsy and told it was Small Cell Lung Cancer and had to move very quickly to be able to have a chance at life.(up to 5 yrs if it worked).Went through 30 radiation and 7 chemo treatments ,and 7 surgerys and 16 different scans was told that it had not changed at all and that a new biopsy needed to be done .This time instead of doing it and having their  pathologist read it they sent it out and come to find out I did NOT have Cancer .I have a paraganglioma and am right now waiting to be transferred for surgery .After going though almost 7 months of being treated for something I did not have and now being told because I did have the chemo radiation and all the scans I could get cancer in the future ..Not counting all the costs to the Insurance (worried I will meet my cap on insurance when I need it most ) I just wonder do you think I have a case ..Or should I just count it as a blessing to still be alive .When nothing was working the surgeon told me if I didn't do more Chemo that I would not be here in 6mths to a year .Even though the oncologist had stopped the chemo.

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Hi @reba

 

Welcome to the community and thanks for posting! Sorry to hear about your harrowing ordeal, but so glad to hear that you are cancer-free! The challenges in your case may be in proving fault and establishing injury/damages. Essentially, you would have to show that the doctors that misdiagnosed you acted below an acceptable standard of care. Your case for injury and damages will also be a little bit atypical. Your misdiagnosis turned out ultimately to be GOOD news for you, but it caused you to undergo painful and unnecessary treatments.

 

Ultimately, you may wish to meet with a medical malpractice attorney to talk through the merits of your likelihood of success. If you need help finding one in your area, you can search our Lawyer Directory. Many offer free consultations.

 

Best of luck!

The FindLaw.com Team

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16 hours ago, reba said:

do you think I have a case

 

A case of what?  Not every mis-diagnosis is malpractice, and we're in no position to know whether malpractice occurred in your case.  You'll need to consult with a medical malpractice attorney and have your medical records independently reviewed by an independent physician.

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I think the thing I really worry about the most is having had all the chemo and radiation and now raising the chances I may develop Cancer and not have the insurance to cover it .And unless anyone has gone through the Chemo and Radiation and the mental stress of being told 6mths to a Yr. and No cure ..they have no idea what it does to someone.

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On 7/27/2016 at 4:43 PM, reba said:

(worried I will meet my cap on insurance when I need it most )

One of the really good parts of the Affordable Care Act is it prohibits lifetime limits and prohibits new plans and existing group plans from imposing annual dollar limits (a cap on the benefits your insurance company will pay in a year) on the amount of coverage an individual may receive. 

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Thank You for that Info .I had No idea. I am right now trying to find someplace who will take our insurance and be able to do the surgery I need.Most places will not take my insurance because it pays like medicare ,and will write off some of the amounts.

I am still not sure yet what I will do,but I know if I cant find someone soon to do my surgery it will really not matter.And all the Drs. I had have now left their positions and I have noone to help me.I am on my own trying to locate a place that will do my surgery.There has been 7 months pass already where I should have already had the surgery done had it been diagnosed correctly .But now My system is weaking and loss of breath is more often. But Thank You so Much for your input .

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