medical malpractice against MD

  1. Please give me your input......... was the medical board to soft on the doctor. I believe they were

    Will try to give you the readers digest version (short). I had seen this doctor about 3 years ago for treatment. He did surgery, and ordered standard pre-op tests, one of which was a chest x-ray. the x-ray showed i had lung CA and the doctor never told me. I had gone back to see him several times......about 11..after the surgery, so he had ample time to tell me. a year and a half went by and I had to see a nother doctor and was a new pt with this doctor. the md ordered a chest x-ray and it said "compared with the one taken.......................needless to say i was floored. I ended up having surgery to remove part of my lung. I filed a medical malpractice suit, which lasted 3 years and the doctor blamed it on his office help, for not telling him, and when it went before the medical board, they told him to keep better tabs on his office help. I couldn't believe what they had said, so he got off scott free. And your thoughts to this is..........
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    About niteshiftnurse

    Joined: Jan '03; Posts: 199

    21 Comments

  3. by   plumrn
    UNBELIEVABLE! I am so sorry your treatment was delayed. Is there some kind of appeal process you can go through?
  4. by   niteshiftnurse
    No, the suit has been settled
  5. by   ERNurse752
    What, so he's saying it was the office people's responsibility to read and interpret the CXR? Seems like if he was doing the surgery, he should have personally seen it at some point?

    I agree that they were too soft on him...grrr.
  6. by   niteshiftnurse
    actually, he denies he ever ordered the x-ray, and guess what, it came up missing from my file in radiology dept
  7. by   caroladybelle
    Does your insurance company have a copy of thebill for it?
  8. by   traumaRUs
    How horrendous!!! What about a civil suit???
  9. by   emily_mom
    Yeah, if you can't get him one way....hit him in the pocketbook....it'll hurt worse!!!

    Kristy
    Ex-smoker...day 2
  10. by   P_RN
    i am rather surprised that your lawyer didn't pursue the missing x-ray order.......you know it was done, your insurance company should have records of paying for it, how did the lawyer miss all that?

    1. could have been entered into the system by mistake intended for another patient.

    2. could have been "mis-filed" by medical records. still there is a report somewhere in someone's records.

    3. first film may have been read in error by radiologist...this has happened 2x to my family
    (a).i had a large breast mass.......read as normal mammogram.......my gyn doc wasn't satisfied and ordered an ultrasound.......all of a sudden the mammogram had an amended report mentioning the mass......
    (b.) my husbands upper gi series was read as abnormal lower gi with descriptions of what was "seen". you know like the colon, rectum etc. not funny now but seeing it showed me how lackidasical some people can be.

    4. the blame it on the staff pronouncement...that's happened but in an office the doc is "captain of the ship."

    my 'gut' feeling is someone is hiding something.....i'm going with number 3

    i am sorry this happened to you . i hope you are all right now. but i'd be on this for as long as it takes. maybe even a second lawyer's opinion.
  11. by   sunnygirl272
    what surgery did you initially have done? curious how that fits into this story....
  12. by   niteshiftnurse
    P_RN.

    1. My attorney did persue the the missing order. there was a deposition done by the radiologist stating that the doctor took the order off of the desk of the radiologist the day of the deposition, along with the secretary stating that she saw the doctor in the radiologist's office. He took it out of the radiologist's brief case. She had it in there for the deposition as proof that he wrote the order.

    2. I got a copy of the orginal x-ray and it showed a mass. My name and pt. number on the x-ray. i also got the orginal x-ray report, which said there was a mass and it matched with the films

    3. The good doctor said at the deposition, when asked why he didn't tell me about the mass, that he didn't order the x-ray and didn't have an obligation to tell me, since he stated he didn't order the x-ray. By the way, the orginal order never did show up anywhere, but his name was on the radiology report.
  13. by   niteshiftnurse
    Sunnygirl 272

    I had a right upper lobectomy done after i found out
  14. by   RN2B2005
    I work in radiology. I currently work in an outpatient clinic but have previously worked in a hospital. I do transcription and coding now, but have also worked as a radiology assistant in CT, MRI, and interventional radiology.

    In my experience, the referring physician's name--the doctor who ORDERED THE EXAM--is at the top of the order and also appears in the salutation ("Dear Dr. So-and-so") at the top of the page. Even if the patient specifies that another physician is to give her the results of the exam, the ORDERING physician's name appears at the top of the page, and any physicians to be copied in are listed at the bottom. This is true for ANY sort of radiological exam.

    If your insurance company was billed for the CXR, the EOB will likely show the radiologist's name, not the ordering physician's name. However, when the claim is submitted to the insurance company by the radiology office, the radiology office is REQUIRED to provide the name of the ordering physician, in addition to the name of the radiologist who read your exam. So, if you obtain the original claim submitted by the radiology office for the CXR, you will find the name of the ordering physician.

    Most radiology exams, with the exceptions of some ultrasound, interventional and breast imaging exams, are INTERPRETED by the radiologist but the radiologist does not give the results directly to the patient. This is because in most cases, the radiologist will have no role in the follow-up care of the patient.

    Finally--I know this can't help you now--it is the responsibility of the PATIENT to follow-up on exam results. Don't assume that silence equals a negative result. Doctors today have literally hundreds of patients, and while this doesn't excuse what happened in your case, it does explain it. You saw your doctor multiple times after the first CXR--did you ever directly ask him for the results of the exam?

    In addition, it is not uncommon for a CXR to look 'clear' on first exam, and then, when compared with a later CXR, to show retrospective evidence of malignancy. CXR's are not the best way to screen for lung CA--high speed noncontrast CT scans of the lungs are more reliable in most cases. So, it may have been that your first CXR did not cause any alarm and was read as normal--you'd have to read the original report and not the report from the second CXR (the report that listed a comparison film).

    Ask your attorney if he or she saw the ORIGINAL CXR report from the FIRST exam. If she did see it, ask her if the physician's name was on it. If it was, then you should ask your attorney why the doc was allowed to debate the fact that he ordered the exam. You might find another attorney.

    Good luck.

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