Medical Negligence - Sueing a Practicioner in QLD?
Comments
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@melclarity I'm willing to take a little of the blame in my case. I was cracking jokes and we were chatting a mile an hour while she was doing it. We got on really well. If they'd tried to cover it up I might feel differently.0
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So, I spoke with the Solicitor today & she informed me that having a feel of the lump & saying it feels like a lymph node is accepted as standard care which is what they have to provide?? The the hell??? Each year they felt it grow & change shape & still they didn't do any further investigation. How is that acceptable???0
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Cate, so what did they say? You were to demand an investigation? At what point did they say the dr would be negligent? If being told for 6 years its nothing?0
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@melclarity
I am flabbergasted!!!! I am still trying to take it in. If they had investigated say in 2011 even then maybe I wouldn't be in the position I am in now with incurable metastatic cancer.
Apparently because I was low risk their feeling it initially & saying it feels like a lymph node is enough to qualify as standard practice never mind the fact it tripled in size & changed shape.
To me & according to what I read it is delayed diagnosis & failing to investigate.
SHOCKED!!0 -
Cate I cannot fathom it! Surely the doc has a duty of care to investigate when it was raised numerous times. You sought medical attention repeatedly you did what you should, but the doctor failed appropriate follow up. I'm shocked too in your circumstances, so sorry Cate. Omg what do they think you should have done that you didn't already!0
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@melclarity I am thinking that possibly I should approach another firm & see what their stance or take on my position is.
This firm asked me to speak with the Oncologist & ask if it had investigated in 2011 would the outcome have possibly been different to now??
So glad I have all you girls to talk to.
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Cate, I think it certainly wouldnt hurt to get another opinion, legally. Your Oncologist definitely would be the best one to talk to, because I know there are so many variables when it comes to a diagnosis and how fast growing it is or isn't. For instance, I had first diagnosis 2011, yearly checks, the 4th year bang! stage 2 grade 3 aggressive and I was fine the yearly check up before, so within 1 year it went from zero to grade 3?? I'd be asking as much will depend on the type of Cancer it was. Let us know how you go. Hugs Melinda xo0
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@Cate64, it must be so difficult to not know if your cancer could/should have been detected earlier. I wish you all the best with investigating this further. So important for others who may present as you did in the future!
@melclarity you make a good point. The Grade refers to how fast your cancer (or aggressive is another term) is growing. So as you say, your cancer went from undetectable to Stage 2 (how advanced it was in size and spread) in just a year.
When I was diagnosed my cancer was Stage 3 (spread to more than 3 lymph nodes unfortunately). It was only Grade 2 (so not as fast growing as yours) though. My oncologist's best guess was that it would not have been detectable as little as a year before.
It seems that breast cancer can be very fast growing for some of us. I guess that as it is always removed/treated as soon as it is detected, no one really knows how fast a tumour can grow/spread. Different types of breast cancers also probably behave in different ways. So much still is unknown!
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I can't help much on this discussion but agree with Deanne that some cancers are slow, leading to some interesting debates about action or monitoring, and some develop very quickly. My cancer developed quickly and had already metastasised in the one affected lymph node to a much more aggressive type. None of this is simple sadly.
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Take care Ne. Be very sure that no win no fee means exactly that. I'm investigating taking action over a critical and potentially fatal mispositioned portacath. I have a very strong case as I was discharged with this thing in my right ventricle.
The solicitors may not charge unless they win the case but you may have to stump up for expert witnesses whether you win or lose and they can cost a fortune. Without them you usually have Buckley's chance.
Sadly hospitals quickly close ranks and will spend more defending a case than they would have to pay for a reasonable settlement.
The devil is in the details and you need to be incredibly careful with the fine print.0 -
Just to let you guys know, I had a discussion with the principal of a Medical Negligence Solicitor team in Brisbane. Although I qualify for two of the maybe six requirements for medical negligence cases to succeed, it is unfortunately not enough to ensure I will win. She acknowledged that yes, the GP in my case was negligent but there are a few requirements I do not meet and unfortunately they will not take my case. It is very very very difficult in Australia to sue a dr. Just thought Id let you know.
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