Articles Posted in Failure to Diagnose

In our last post we discussed the various stages of cancer. There are other ways for doctors to describe and understand the progression of a patient’s cancer. Doctors typically use the American Joint Committee on Cancer’s TNM system when describing a cancer’s stage. It’s important to remember that each type of cancer has its own TNM system as well.

TNM stands for tumor, node, and metastasis. Each one of these is used to describe the cancer. A number from zero to four is used after the letter “T” in order to explain the location and size of the tumor. It also describes how much it has grown into the tissue nearby.

The letter “N” will also include a number ranging from zero to three. This letter explains whether the cancer was found in the lymph nodes and how many lymph nodes have cancer.

There are many cancers out there that can quickly become deadly. Doctors often discuss cancer in terms of what stage it is in. It is important that a doctor performs all of the necessary tests in order to understand whether a patient has cancer and if so, what stage that cancer may be in. The stage a cancer is in has a lot of implications in terms of a person’s chances of survival. Let’s take a look at the different stages of cancer.

–Stage 0: This stage is known as ‘in situ,’ which means in position. In this stage the cancer can produce a tumor right where it started. The cancer poses little or no threat to a person’s life and may never go beyond this stage. It can be easy to cure by removing the tumor.

–Stage 1: This stage is often known as early-stage cancer and is basically localized. It is usually small and has not grown deep into nearby tissue. It also has not spread to other parts of the body.

In our last post we started a discussion on the different types of cases that may involve misdiagnosis. While a small misdiagnosis may be temporarily inconvenient and may cause some serious frustration, if an individual lives out their life not treating the proper condition, it can be devastating.

As an example we can discuss a story that comes from abroad. Back in 1972 a woman was pregnant and started feeling weakness down her left side. The following year the woman was diagnosed with multiple sclerosis.

According to the Mayo Clinic website, multiple sclerosis (or MS) is a disease that affects the spinal cord and brain. Basically a person’s own immune system attacks a protective sheath in the body that causes communication issues between the brain and the body. Over time the condition can cause nerves to deteriorate and they may become permanently damaged. There is no cure for the condition, although there are some treatments that may help manage the symptoms.

We often talk about cases where someone was misdiagnosed by a medical professional. These cases can be extremely stressful because the victim may not be able to treat a condition properly if they do not know the facts. This situation can happen in many different ways.

For some people, it may be that the medical professional diagnosed them with the wrong ailment, causing them to put money and energy into treating the wrong condition. For others, the main issue may be that the doctor dismissed the patient’s concerns and told them there was no ailment in the first place. This can often happen if the proper medical tests are not ordered and the patient is not properly examined.

Finally, an individual may actually be diagnosed with a very serious condition that they do not actually have. Imagine being told that you have cancer and then later getting a second opinion just to find out that you are actually cancer-free. It seems unlikely, but it has happened before.

There are many types of conditions that fall under the umbrella of urology. They could be as minor as bladder infections and as severe as prostate cancer. Urology is the branch of medicine that deals with the urinary system of both males and females and all disorders related to it. It may also deal with the male reproductive system.

While New York residents may have found that their primary physician is able to deal with a lot of the minor issues they have when it comes to their urinary system, there are some situations where it may be important to see a specialist.

For example, if you see blood in your urine, this can be an early warning sign of kidney or bladder cancer. Doctors will likely do a urine test, look at the bladder with a scope and possibly perform an x-ray.

Cancer is everywhere and affects pretty much every family. In fact, the National Cancer Institute says one in two people will be diagnosed with cancer in their lifetime. That’s a very frightening reality. While there are numerous types of cancers, some can be much more devastating than others.

That’s why it makes sense that early diagnosis is very important. While sometimes symptoms are hard to detect, in many cases there are specific symptoms that a knowledgeable doctor can spot. Spotting those symptoms early and providing a proper diagnosis can save a person’s life.

If a doctor fails to notice these symptoms early, the cancer may progress quickly and eventually lead to death. Family members may wonder how something like this can happen and where they can turn for help. Although some families may feel uncomfortable accusing a doctor of medical malpractice, it may be warranted. The hope is that the medical professional learns from the incident, and that a similar tragic incident doesn’t hurt another family.

While we often talk about the different types of mistakes medical professionals make when caring for a patient, there is also a big concern when a medical professional fails to do something. In the case of one prison inmate in New York, this was a failure to diagnose that eventually led to his death.

Recently, a judge awarded the deceased man’s family with $1.75 million for the “extended physical and mental pain and suffering” endured by the man and his family. The judge found that the state, which was in charge of the man’s medical care while he was in prison, fatal consequences.”

In 2009 the man repeatedly complained about severe pain in his abdomen. He was initially diagnosed with kidney stones, and a physician recommended that he be seen by an urologist. While the doctors at the correctional facility were aware of the recommendation, they never referred him to the urologist. It was only in late 2011 when the man’s urothelial cancer was found and treated. Although he was cancer-free for a short time, the cancer returned in his lymph nodes in 2013 and he passed away in 2015 at the age of 58.

In a prior post, we highlighted the practice, as well as the dangers of off-label marketing. For those unfamiliar with the practice, off-label marketing (or use) is when doctors prescribe medications for uses that they were not intended for, or approved of by the U.S. Food and Drug Administration. Because of the long and arduous process of gaining approval through the FDA, off-label marketing and uses has become commonplace. A prime example of a successful off-label use is Viagra, which was initially intended as a drug to lower blood pressure, but is now the most famous erectile dysfunction drug in the world.

Another example of off-label use is OxyContin for juveniles. OyxContin is a version of oxycodone, which is a powerful, opiod-based painkiller. Because OxyContin is so powerful and highly addictive, the FDA had not previously approved it for use in young people under the age of 18. 

However, the drug’s manufacturer, Purdue Pharma LP, conducted clinical trials and submitted data to FDA regarding its findings on OxyContin use in young people. Essentially, since the drug has been reformatted, it is less likely for it to be abused by being crushed or dissolved so that it may be taken through the nasal passages or intravenously. As such, the FDA has approved it for young people.

In a number of our posts, we have noted how medical malpractice is one of the leading causes of death in hospitals. Indeed, there is much that can be done on the physician’s side that can prevent such deaths (especially through misdiagnoses), but patients can also protect themselves from doctors who deviate from established protocols or who do not take adequate time to properly diagnose a condition.

This post will identify a few steps patients can take to stand up for themselves and avoid the potential for medical malpractice. 

Educate yourself – In the past, knowledge on medical conditions used to be scarce. Only a trip to the library or having a personal relationship with a doctor would help in learning about your condition. Now, a quick search on the Internet can bring you enough knowledge to help you understand what you need to know.

In our last post, we highlighted the potential for better patient care if safe harbor provisions were followed and allowed to be incorporated into useful legislation. One of the notions behind safe harbors was that doctors commonly ordered tests that were not necessary or were created out of fear of future medical malpractice lawsuits.

A recent medicalnewstoday.com report supported this notion. According to researchers who surveyed  emergency room physicians, a majority of doctors in this area do indeed order unnecessary tests. One physician interviewed explained that doctors feel as if they have a tremendous pressure not to be wrong when making diagnoses; thus leading to non-medical reasons for diagnostic tests.

 In fact, more than 80 percent of doctors surveyed believe that their departments require too many tests, and nearly all doctors indicated that “medically unnecessary” radiology tests ordered would not be performed but for department regulations. Moreover, the tests are not based on doctors not being able to discover the cause of an ailment. Rather, it is the fear of medical malpractice suits that drives the culture of over-testing.