Misdiagnosis.....do I need an attorney?

Question

Over a year ago, I went to my doctor about a chronic cough at night which sounded like I had Croupe. I had already been diagnosed with hypothyroidism and had been on medication for 2 years. He told me my cough was acid reflux and prescribed Prilosec. It didn't work. I saw him again this spring, still complaing of the cough and now wheezing along with a swollen gland. The diagnosis for the swolled gland was a viral infection. The wheezing was allergy induced asthma and the cough still acid reflux. He gave me an inhaler and told me to try a different over the counter antacid. I started retaining fluid and the cough worsened. I still have the swollen gland. I saw the nurse practioner who stated the same thing as the doctor, I'm sure after reading his notes. I finally convinced her on a 2nd visit to do an ultrasound of my thyroid. I have a nodule and now have to have a biopsy. It could be cancer, as I have all the symptoms. Should I get an attorney?

I would only get an attorney after getting the results if I do indeed have cancer. The purpose of a malpractice suit is to stop a doctor from hurting others through misdiagnosis, not for money. BTW, a Thyroid condition with a cough is a HUGE Red Flag to get an ultrsound, from what I have been reading. My doctor should have done this over a year ago. I also told him over a year ago that it felt like something was pressing on my wind pipe internally...but he claimed it was acid reflux even though I said I did not feel anything coming up.

Thyroid cancer is generally a slow growing cancer. If it turns out that I do have cancer, it means that his misdiagnosis has given this over a year to grow. It usually hits the lungs and bones when it is advancing. A cough is usually the first sign that cancer has left the thyroid. A benign nodule usually does not have any symptoms and is found in a routine checkup. Of course I would do everything to be treated, but I also don't want anyone else to go through a misdiagnosis by this doctor. Prognosis is usually grim if thyroid cancer is advanced. Prognosis is very good when caught early. A year is a long time for it to fester.

Answer 1

if it's cancer.. yes.

talk to a lawyer about this and your options. you may want reimbursement for all this trouble since you'll now need the money for any potential treatments to come if this is cancer.

let alone the poor treatments your doctor has been giving you.. i also say it's time to check out other doctors.

before this one kills you.

Answer 2

I'll be darned. Wizard (above) is right!

In order to have a malpractice lawsuit, you must prove (1) the doctor acted unreasonably; and (2) that the unreasonable conduct was a cause of damage.

So ...

IF you can show that the physician's actions were unreasonable (by no means a certainty), you must show that, had he acted reasonably, you would not have been damaged.

SO ...

If you have cancer (IF, we still hope not, but if), but the treatment is the same as if you had been diagnosed earlier, then you really have not had damage (yes, I know, a couple of years of wheezing, but no attorney will take that case, as the damages are insufficient). IF you now need to undergo radical treatment that would have been unnecessary, that becomes a different story.

So, follow the advice of a malpractice attorney I know. FIRST, get treatment. It does no good to sue somebody if you are dead. Once you know what the proper diagnosis and prognosis is, THEN you can think about getting an attorney.

Answer 3

I think that you should focus on getting well rather than suing anyone.

But, if you really have a wild hair and feel like suing someone, a doctor cannot be held liable unless he did something negligent in that he acted in a way that a normal doctor would not. It sounds to me like your case would not give you any monetary recourse because he did what a normal doctor would do as thyroid cancers are rare. For this reason, it probably wouldn't be worth your while to stress yourself out over suing someone because you're not going to get any money.

Answer 4

~Let me see if I understand your question...you could have cancer because you "have all the symptoms" of some kind of cancer... you are having a biopsy to determine if the "nodule" is cancerous... and all you can think about is whether you should get an attorney (and sue for malpractice, of course) and try to make some money off of this. Is that the gist of it?

And we wonder why our health care costs are so high!

Answer 5

TRUE AnNswer- NO reason for an attorny NOW
IF you have Ca, after looging for a good doctor- an attorent can tehn evaluate what difference it would have made is the dx was made earlier. A doctor can be wrong with no real injury, exceot your being annoyed.

Answer 6

I'd say get a second opinion and find out what it is. If g-d forbid it is cancer I'd sue because they may have put your life at danger because with all Cancers it's important to treat it early.

Answer 7

An old saying comes to mind as I read this question:Always get a second opinion.Call a Lawyer and see what your options are.Good Luck.

Answer 8

yes absolutely you should contact an attorney, my friend debbi may be able to help you call her at 18664713782 and tell her mark referred you..the same thing happened to my cousin and they found out she had cancer, she died 2 months ago. please give debbi a call right away

Answer 9

definitely
its better to document everything now before more time passes.
just to be on the safe side!

good luck to you and god bless.