The legalities of cancer

[mikesmom]

Hi! This is my first time posting a message,but I have been reading them off & on since Mike's diagnosis in 3/06. Mike is not dong too well- brain surgery in 12/07 for his first met ( fouth ventricle) took alot out of him.
Now we got another blow. Mike became paraplegic because his Doctors ignored his severe back pain and developing leg weakness. I had to push for an MRI. It showed the problem (fat deposits compressing his spine),but they ignored it and told me the MRI was OK (since it didn't reveal any new cancer). I did my own resarch and brought in the diagnosis SEL (and a suporting article), and the MD laughed at me! Unfortunately Mike's weakness progressed to complete paralysis that night.
You would think he could sue for lost wages and pain and suffering. We learned a while ago that since he had a highly deadly cancer before the doctor's error paralyzed him, the doc didn't have to pay for his lost wages - I guess the law says the cancer took his potential earnings before the doctor did. This seemed harsh but had some logic to it. Now they tell us the defense strategy will be to drag this case out until Mike dies. They say that if or when Mike dies even his right to compensation for pain and suffering goes away!!!! We don't really care about the money except to fund the suit; my son wants and deserves some kind of justice! As it is our lawyer doesn't want to continue the case,and can't find another lawyer who will take it.
After all Mike has suffered this last year it beaks my heart that his life and his suffering are considered worthless in the court system. This seems like the worst type of discrimination! It says to an MD that they need not be very careful in treating a seriously ill cancer patient, since they are in no real danger of being called to acount for their actions, "No one cares, they are dying anyhow!"
Does anyone know - does this sound true? Or do we just need a different lawyer? Are there any organizations to help cancer patients or the disabled get justice in the courts? Has anyone else gone though this? I haven't told my son yet- I am afraid of what it will do to his will to live. How do I tell him ?

[Linda51]

Hi Mikesmom,

I'm so sorry to hear about your son. It very sad to hear your son had to go paralyzed and none of his doctors was listening to his pain and symptoms. You would think if he had a bad kind of cancer the doctors would investigate the pain further to see if it had spreaded. I really don't know what to say but I wish your son and the family the best.

I don't see an e-mail address on your profile so I will ask it on here if you can send your son's name and mailing address to the SCTA e-mail address we will send him a care package to show we are thinking of him and that we care. [e-mail]


Hang in there and keep your chin up!

~Linda

[IdaB]

Hi Mikesmom -
First, I am so sorry to hear that Mike is going through such a tough time, and you along with him. I know that this illness and its consequences take so much from people, and it sounds like it has really taken an enormous amount from you and your family.

If you ever get a chance, tell us more about his diagnosis, the progression of his illness, and how Mike is coping now.

Without knowing the specifics of his history, your history with your lawyer, your history with your doctor, and your state's laws with respect to medical malpractice and tort/pain and suffering, it's hard to offer more than general thoughts - but here are my general thoughts:

- It's usually not a bad idea to get a second legal opinion, just as you would get a second medical opinion, especially if something seems not-right about the first one. Since you have a feeling of great injustice, it may be that you need a new lawyer. It could be that your lawyer is trying to do the best for you in a bad situation - trying to save you the pain and costs of a long, losing case. Or if may be that your lawyer lacks the skills to be the best one for the job (are they a tort and/or medical malpractice lawyer?), or that they are just making a mistake. So if you have a doubt, consulting another lawyer might be the best way to go.
Or on a google search I just did I saw this org: www.patientsarepowerful.org/ - they seem to have a medical legal advice component to their organization (As I said, I never heard of them till 5 minutes ago so don't know about their legitimacy/effectiveness - if you do anything with them, please share your experience with us here!).

- IF you end up concluding, after getting legal advice you are confident in (from your current and/or another lawyer), that you will not have a case, then you can ask yourself again whether there is a broader injustice here - whether it's not just your son, but a whole group of similar people, who are not able to get justice in your state. In other words, is your son's story (as your post suggests) part of a broader problem that affects the care of a group of disadvantaged people? I don't know of organizations that specialize in this, but you might look over some of the larger organizations, the type that might have a legislative/legal agenda. Mabye the American Cancer Society, or one of the larger brain tumor organziations, (sounds like Mike has/had a brain tumor?) might do this or have some leads, or maybe something like the Disability Rights Advocates (http://www.dralegal.org/)? It might be that the laws in your state need to change - either through the courts or through the legislature? Obviously, this is a big, if not overwhelming job, but maybe one of these groups could help. Or maybe a letter to your Assemblyperson- or maybe there is someone in the legislature who already is interested in these issues - could get the ball rolling? Or a letter to the editor to a prominent paper could generate a public outcry? All social movements start like this - though of course the road is long and hard. It might take away from the individual struggle that you and your family are in, or it might give you vigor - only you and Mike know.

Finally, no matter what happens with Mike's legal case, or the legal system in your state, please know that people do care about what he is going through. The courts are just one part of our society - a big part, but not the only part. It's big and complicated and excruciatingly slow, and it doesn't bring justice to a lot of people. That's sad to say, but there are still lots of people who do care - like Linda! Please do keep us posted on what happens with Mike - and encourage him to post (you don't say how old he is, but I get the sense he's an adult, since you talk about lost wages?) and/or to make connections through the site to people who have had a similar struggle.

Again, I'm so sorry you're going through this, and I hope Mike and you both have better times soon. Please keep us posted.

Best,
Ida

[gatorshime]

MikesMom,
So sorry to hear about Mike's diagnosis and troubles. Its just terrible that some people take the attitudes of the Dr.'s and attorneys when they are dealing with peoples lives. I have dealt with it several times through my four major surgeries for SCT and several minor ones the past 7 years. I hope that 2008 things turn positive in all areas for your son.

Scott

[Jody]

MikesMom, where are you located? I had to sue a doctor on behalf of my oldest son and I have found the best lawyer in the whole world. Chris (the lawyer) actually has honor and integrity and he's not one of those ambulance chasers. Anyway, please email me, and even if Chris can't help you, I know he will know of someone who can.

God bless you and Mike. My prayers are with you!

Jody