• Can you sue a doctor for not giving you a test to diagnose you

    Asked by angeldancer on Wednesday, January 7, 2015

    Can you sue a doctor for not giving you a test to diagnose you

    I looked back over my journals and realize i was trying to get a test for a year and a half before my diagnosis. I told the doctor something was wrong and needed a colonoscopy but he told me that I was too young and that wasn't it. I had the sign of cancer but he said something different. I probably should not have read through the old journal because maybe if I had gotten the freaking test I would have been only a 0 stage or stage one. Jeepers, this is so unfair to go through a living XXX because doctors felt I was just blowing smoke out of having rectal bleeding. I know I don't have the energy to get an attorney and fight but it sure bothers me that I am battling to live now.

    6 Answers from the Community

    6 answers
    • Stella's Avatar
      Stella

      I had a similar experience and it bothers me sometimes. Mine was with a Nurse Practitioner. After I was diagnosed I met with my PCP to talk about my experience with the Nurse Practitioner, but I wasn't comfortable with her response and attitude so I switched PCP's. I really learned that I need to be proactive regarding my health. Sometimes I wish that I had a very blunt conversation with that Nurse Practitioner during chemo, radiation and recovery from surgery, but then I force myself to focus on the present and move on. I hope that things go well for you!

      over 6 years ago
    • junebug0121's Avatar
      junebug0121

      I was misdiagnosed for 7 months.. still have the drugs Dr. gave me to treat bladder infection..NOT. I had an aggressive colon cancer that has perforated and grown into my bladder. I, too, knew something was wrong. I did not sue, though could have, as their were several incidents that occurred that were negligence on the part of the doctor, the hospital, etc.. But.. like Stella.. I try to focus on now and move on. But there are times when my anger does overcome my "focus" and I just want to smash something! Wish you the best.. and even if you might not feel this way.. you are in my prayers.

      over 6 years ago
    • cam32505's Avatar
      cam32505

      I have learned over the years that we as patients have to advocate for ourselves. Doctors don't have much time to spend with us and they are inclined to brush off any complaints from someone they perceive to be be young and not likely to have certain illnesses. On the other hand, they see many patients who are hypochondriacs and insist on excessive tests. Then, you have the insurance companies that restrict how doctors practice medicine. Just keep advocating for yourself in the future.

      over 6 years ago
    • NanaL's Avatar
      NanaL

      A beautiful 26 year old young woman from our area passed away this past August after a 2 year battle with Stage IV advanced colon cancer. She had abdominal pain, bloating, diarrhea etc. She was treated for acid reflux. Finally her Mom pushed for an ultrasound of her belly. That's when the mass on her colon was found along with masses on her liver. Doctors need to be aware that more and more young adults are being diagnosed with colon cancer. Screenings need to be done especially if there is family history. This young woman would be alive today if her Dr hadn't brushed her symptoms under the rug. I can completely understand your anger and frustration. Maybe if more Dr' s were held accountable, and test were performed from the beginning, more young people would beat colon cancer. It is highly curable if found early!

      over 6 years ago
    • barryboomer's Avatar
      barryboomer

      I don't think you can sue them. It's a shame that SO MANY cancer patients went from Doctor to Doctor and Finally somebody decides to order a test and there it is. It COULD be something to do with getting paid by the Insurance Companies. THEY want the docs to try everything else that is cheap before paying for a Pet or Cat Scan......most get better. It's hard to get into the old noggin that WE have to be advocates for ourselves and sometimes be pushy. We grew up thinking that Doctors are like Gods and we DON'T question or second guess and definitely don't want to annoy them or ask questions that they can't answer.....SAD......I grew up with Marcus Welby....whew......where has HE and THEY gone.

      over 6 years ago
    • lilymadeline's Avatar
      lilymadeline

      It seems like so many of us late stage cancer patients were missed by one doctor or another! That is why scans are so very, very, very important...so things aren’t missed and so lives are saved but I’m determined not to die even though they caught my breast cancer so late!
      And I think that ! I know how you feel because but I don’t know if you can sue for it, however it can’t hurt to speak to an attorney if you can find one to take you on contingency? It might be worth the energy? Please let us know if you decide to go this route. But doctors are getting away without much follow up these days so it may be very difficult to sue? Or it may not? I don’t know at all, I tried suing Kaiser years ago because they ignored all my mothers symptoms even though she was already a cancer survivor, they completely dropped the ball with her until it was late stage IV. And I even had 3 doctors willing to testify against them! But I couldn’t find an attorney to battle Kaiser because apparently they have a whole building full of attorneys near Pasadena or Glendale in the LA area. And because of all their attorneys already on hand and on the payroll, it is very difficult to get an attorney to fight them because they can drag on a case for years and years. Oh well, that was my one experience trying to sue over my mother and it fell through. I also though of suing MINK radiology, which is highly respected and usually does an excellent job but not one but of my own two scans were misread at that place! UGH! It seems like a miracle that they even caught my cancers at all sometimes! They’re all human and all humans make mistakes, that is why we always have to take care of ourselves and be our own advocate! Good luck to you and God bless!!! Hugs!!! XOXOXOXOXOXO

      over 6 years ago

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