Topic: Should I sue?

Forum: Just Diagnosed With a Recurrence or Metastasis — Meet others who are just facing the diagnosis of a recurrence of breast cancer or metastatic (advanced) disease. You are NOT alone.

Posted on: Nov 18, 2021 12:04AM

Posted on: Nov 18, 2021 12:04AM

lotusnoiramethyst wrote:

-Started chemotherapy on 4/2021

-Finished 7/2021. MRI of chest showed everything is clear and was told by former oncologist that I am in remission.

-Had a fall on August 2021: MRI showed lesions on my hips and a lump the size of an acorn on my sacrum. Bone biopsy results showed it is adenocarcinoma metatastasis with mammary origin.

Very angry at former oncologist. Can I sue her?

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Nov 18, 2021 07:32PM moth wrote:

just to add to this discussion, the reason they do not recommend the scans is that there is no proof that finding mets earlier is associated with longer survival

& the scans carry their own risk - exposure to radiation or contrast agents etc

So they wait for symptoms of metastatic recurrence & use physical exam & patient reporting. That is why pts should be closely followed by a physician who is aware of their medical history. In a pt who has had cancer before & has a new otherwise unexplained symptom which persist, metastatic disease should be on the differential diagnosis list.

aprilgirl, re recurrence in distant lymph nodes only - I've seen oncologists discuss whether that should be treated as 3C ie. with curative intent. I know someone online with a lymph only met who is NED 5 yrs now.

I take weekends off

Initial dx at 50. Seriously?? “Sometimes the future changes quickly and completely and we’re left with only the choice of what to do next." blog: Never Tell Me the Odds

Dx 12/2017, IDC, Left, 1cm, Stage IA, Grade 3, 0/5 nodes, ER-/PR-, HER2- Surgery 12/12/2017 Lumpectomy; Lumpectomy (Left); Lymph node removal Chemotherapy 2/14/2018 AC + T (Taxol) Radiation Therapy 8/13/2018 Whole breast: Breast Dx 2/2020, IDC, Left, Stage IV, metastasized to liver/lungs, Grade 3, ER-/PR-, HER2- Chemotherapy 3/18/2020 Taxol (paclitaxel) Immunotherapy 3/19/2020 Tecentriq (atezolizumab) Chemotherapy 11/26/2020 Abraxane (albumin-bound or nab-paclitaxel) Radiation Therapy 12/9/2020 External Hormonal Therapy 12/16/2020 Femara (letrozole) Radiation Therapy 3/3/2021 External Local Metastases 3/3/2021 Radiation therapy: Bone Targeted Therapy 1/1/2022 Trodelvy (sacituzumab govitecan-hziy)
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Nov 18, 2021 07:58PM aprilgirl1 wrote:

@Moth, I agree. I go to Seattle Cancer Care Alliance andam still surprised at how hard I had to push to get scans . I brought an article from 2020 about distant nodal Mets and the restaging and my onc doesn't agree but considers it somewhat like bone only mets. I had some cancer in tissue in the hilar area . I am lucky I have had a great response so far. I do have an ATM mutation that was discovered in 2018.

recurrence in lymph nodes (superclavicle/mediastinal)"You can do it like it's a great weight on you, or you can do it like it's part of the dance." Ram Dass Dx 11/7/2008, IDC, Left, 1cm, Stage IB, Grade 2, 0/3 nodes, ER+/PR+, HER2- Dx 11/13/2019, IDC, Left, Stage IV, metastasized to other, ER+/PR+, HER2-
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Nov 18, 2021 09:24PM exbrnxgrl wrote:


I’m sorry you were frustrated by the fight. It seems as if different facilities and doctors follow various criteria for who gets scans or not. My mbc dx came so quickly after my bmx that it’s a bit of a jumble now but once my mbc was confirmed, my mo never hesitated to order scans if I was experiencing pain for more than two weeks. That mo has since moved back to her home country (the nerve! 😉) and I haven’t had any out of the ordinary pains recently with my new mo. Take care

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Apr 25, 2022 06:08PM - edited Apr 25, 2022 06:09PM by wondering44


Being upset with your oncologist is not a Breach of Standard Care for a medical malpractice suit, and medical malpractice is HARD to prove and varies in each state. If something got missed, it would be on a provider, such as a radiologist who misread a scan, a pathologist who had incorrect pathology, or a provider who incorrectly prescribed treatment. In any event, that event must cause you harm or injury.

Getting a stage IV dx is not a Breach of Standard Care if doctors provide the standard of care, which could be different in every state and facility. While having to push for scans baffles me, it happens often, and it is not the standard of care in the NCCN guidelines to scan for stage IV without symptoms. Sometimes the solution is to switch providers to get the RIGHT treatment.

Furthermore, if a suit were a consideration, you would not want to post about it publicly, and blogs and social media would be better left with words unsaid.

I am sorry this happened to you. It must be a tremendous challenge. I hope to read that you get good results with your treatments.

Radiation Therapy 1/11/2021 Whole breast, Radiation boost: Right breast, Lymph nodes Surgery 8/18/2021 Lymph node removal (Right): Sentinel; Mastectomy (Right): Nipple Sparing Hormonal Therapy 12/27/2021 Femara (letrozole) Hormonal Therapy 12/27/2021 Femara (letrozole) Dx DCIS, Right, 1cm, Stage 0, Grade 2, ER+/PR+, HER2- Dx DCIS, Right, 6cm+, Stage 0, Grade 3, ER+/PR+, HER2- Dx IDC, Right, 2cm, Grade 2, ER+/PR+, HER2- Dx IDC, Right, 6cm+, Grade 3, ER+/PR+, HER2-

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