What to do if y mother had a cyst removed without a biopsy being done and then about 2-3 weeks later they did a biopsy and it was small cell lung cancer?

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What to do if y mother had a cyst removed without a biopsy being done and then about 2-3 weeks later they did a biopsy and it was small cell lung cancer?

She died within 5 more weeks. I don’t think anyone should be told by a doctor that it’s one thing and then told that she is going to die weeks later. She was mentally devastated along with the rest of us. Isn’t it common to biopsy anything removed that is abnormal? I don’t want another family to have to experience the roller coaster and trauma that it caused. It has been around 4 months since she passed away.

Asked on December 22, 2012 under Malpractice Law, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Sorry to hear about your mother.

It would be advisable to get the opinion of an oncologist (cancer specialist) as to when a biopsy is required, and have that doctor review your mother's medical records.

If that doctor writes a report supporting a malpractice claim (malpractice is negligence); negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm), proceed with your malpractice case.  Prior to filing a lawsuit for negligence, it may be possible to settle the case with your mother's doctor's malpractice insurance carrier.  If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against your mother's doctor.  Your mother's estate would be the plaintiff in the case and the doctor would be the defendant.


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