Forum Discussion

Cate64's avatar
Cate64
Member
8 years ago

Can't Believe It!!!

So, my Solicitor rang this morning, she has spoken with a Breast Surgeon Specialist re my case & he believes because I was in the minority of people this happens to & I had a good prognosis when diagnosed & because my BC Surgeon kept irregular notes as in, one visit she mentions the mass in her notes & other times doesn't & because she fails at any time to mention an estimated size (ie didn't track its growth) that he cant support my case. FFS!!!!!!!!!!!!!

Ann, my Solicitor believes that my case is still worth pursuing though I am not so sure, the amount of stress it causes is unbelievable. She is a no win no fee Solicitor so I don't think she would want to pursue if there was no case - do you agree???  so she is going to seek another 2 specialists opinions.........
  • melclarity's avatar
    melclarity
    Member
    8 years ago
    Cate, Im just wondering though, regardless of the notes, what about scans or Ultrasounds youd had done, that would confirm even once mentioned in the notes? 

    Id see what the other Specialists opinions are, it would be stressful, but Id sit tight for the moment and see what she comes up with. 

    Hugs M x
  • AA's avatar
    AA
    Member
    8 years ago
    Hi Cate, the size and grade of the tumour should be in histopathology result. 
  • Scooper's avatar
    Scooper
    Member
    8 years ago
    Hi Cate. I am really sorry that you have to deal with this. I feel that there is more to it.  Sit tight lovely.  Of course medicos are not going to turn on each other.  It sucks and it's not fair.  Much love and support.
  • Zoffiel's avatar
    Zoffiel
    Member
    8 years ago
    It comes as no surprise to me that you can't get one specialist to enter into any arrangement where they will publically criticize one of their colleagues. They stick together like shit sticks to blankets. 
    This is the major barrier to any legal action against them. If you can afford to pay one of them to act as an expert witness in court, you may have half a chance of getting one on board, but that constitutes a huge financial risk for you---that cost is certainly not covered in any 'No win, no fee' arrangements. Be very sure you know what is covered if you head down that track, Cate.
  • iserbrown's avatar
    iserbrown
    Member
    8 years ago
    @Cate64  - can't offer anything worthwhile except to say, good luck with the decisions ahead and hopefully you will find peace!  Take care xx
  • Cate64's avatar
    Cate64
    Member
    8 years ago
    @Zoffiel, I have a no win no fee solicitor who is determined we push ahead, she is going to get 2 other specialists to look at my history. She said this report makes it harder but not impossible & my version of events contains more information than her records - maybe they are not so efficient with record keeping or note taking ton purpose.............

    There are scans from time of complaint re lump in 2009 (which was from a scan that year related to something else but the enlarged or prominent as they described it, lymph node) to finally being investigated in 2015 so the change in size has to be in those scan records...
  • Cate64's avatar
    Cate64
    Member
    8 years ago
    @melclarity yep, there are scans from early on then upon investigation 6 years later, that surely has to shoe how big it got.. The specialist so far has said it appears to be palpable sometimes & not others from the records/notes - but that was definitely not the case it was mos assuredly palpable all the time...
  • Cate64's avatar
    Cate64
    Member
    8 years ago
    @Scooper thank you my friend... The Solicitor is determined we push ahead, she feels its still a case despite this specialists review, she is organising another 2 specialists to look at both the Doctors notes & my notes & review them together which is something this specialist did not do, he went purely off the notes received in my file which she said were not very good.

  • wendy55's avatar
    wendy55
    Member
    8 years ago
    Hi Cate,
    I wont go into detail here but I had a similar experience, if you would send me a private message then I will explain further.
    At the beginning I had a very good case as well but as time went on the medical profession will simply not go against each other. Just to let you know my legal fees had we processede further would have been $80.000 and $10.000 set aside for specialists to give evidence also I had to put money into the solicitors trust account for incidentals, I did a lot of the leg work myself to try and get as much information as possible.
  • June1952's avatar
    June1952
    Member
    8 years ago
    Hi Cate64
    I am not sure what your case is based on but I did want to tell you that a friend's solicitor thought she had a fantastic case ...... time moved along ...... heaps of specialists ...... being followed around by investigators ....... a l-o-n-g  time later and it went to court  ...... awarded damages ..... had to pay back Medicare and all costs for the reports and other legal staff etc.  She now says it simply was not worth the stress and the minimal compensation.  In hindsight she feels the solicitor went into it for the hoped-for glory (which did not happen anyway) and if she had her time again she would let it go and enjoy her life, something she has missed and cannot get back.  I don't know if this helps you but good luck.
    Summer  :-)