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Official Apologizes for Mastectomy Mistake
CNN ^ | 1-19-03 | AP

Posted on 01/19/2003 9:36:07 AM PST by dogbyte12

Edited on 04/29/2004 2:01:57 AM PDT by Jim Robinson. [history]

ST. PAUL, Minnesota (AP) -- A hospital apologized for a laboratory mistake that resulted in the amputation of a healthy woman's breasts after she was mistakenly told she had an aggressive form of cancer.

Dr. Daniel Foley, medical director of United Hospital, told KARE-TV in the Twin Cities that the St. Paul hospital had made changes so "this kind of mixup would never happen again."


(Excerpt) Read more at cnn.com ...


TOPICS: Business/Economy; Culture/Society; News/Current Events; US: Minnesota
KEYWORDS: biopsy; malpractice; mammogram; mastectomy
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How much will the damages be on this one? I am for tort reform as a rule, but cases like this make me question $250,000 caps.
1 posted on 01/19/2003 9:36:07 AM PST by dogbyte12
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2 posted on 01/19/2003 9:37:50 AM PST by Support Free Republic (Your support keeps Free Republic going strong!)
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To: dogbyte12
Who's at fault here? She's probably going to sue everyone when the fault lies with the pathologist & the lab. And did she get a second opinion? I sure as heck would have before having that kind of procedure. The woman should get all her post surgical care & reconstruction paid for - whatever the cost - I think there needs to be some sort of cap on other damages - what, I'm not sure.
3 posted on 01/19/2003 9:43:37 AM PST by Keith in Iowa (_*_)
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To: dogbyte12
This is a case where there can never be enough compensation for the her pain and suffering, both mental and physical. No amount of Breast reconstruction, will ever replace her real breasts, not even visually. And they probably removed some lymph nodes from under her arms, making her life more complicated.

I suppose we will hear more cases simular to this, and unfortunately the system has been so abused, that of course, $250,000 IMHO, isn't enough compensation for her. But we've got to set limits.

I am so sorry for her.

sw

4 posted on 01/19/2003 9:54:37 AM PST by spectre (spectre's wife)
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To: spectre
Isn't this just the scariest. This is a perfect example of why 2nd and even 3rd opinions are absolutely necessary.
5 posted on 01/19/2003 9:57:08 AM PST by Freedom2specul8
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To: dogbyte12
How much will the damages be on this one? I am for tort reform as a rule, but cases like this make me question $250,000 caps.

No damages at all. She is beyond child bearing ages and no longer needs her breasts. Therefore no actual damages can be assessed. Any damages beyond actual damages are just someone seeking a jackpot at the expense of the medical community and they should be denied and the person seeking them persecuted as a greedy liberal scum sucking lawyer. Medical malpractice is just a frivolous pursuit of liberal lawyers and isn't something which merits legal compensation.

This is my summation of all those tort reformers that have attacked me in the past for opposing "tort reform". See? In am now agreeing with you.

6 posted on 01/19/2003 10:03:11 AM PST by templar
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To: Keith in Iowa
And did she get a second opinion? I sure as heck would have before having that kind of procedure.

A second opinion would have probably relied on the same lab data.

7 posted on 01/19/2003 10:04:48 AM PST by templar
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To: templar
That is what I was thinking. A second opinion here would have required a different doctor taking a sample and sending it to a different lab.
8 posted on 01/19/2003 10:14:51 AM PST by Enterprise
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To: templar
A second opinion would have probably relied on the same lab data.

That's not my idea of a second opinion - my idea of a second opinion is getting a complete work-up by another doctor, who does not rely on previously collected lab samples.

9 posted on 01/19/2003 10:16:08 AM PST by Keith in Iowa (_*_)
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To: templar
She is beyond child bearing ages and no longer needs her breasts.

Maybe you could say the same about your self. You could loose your penis, wear a depends instead.

10 posted on 01/19/2003 10:19:53 AM PST by SLB
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To: spectre; All
No amount of Breast reconstruction, will ever replace her real breasts, not even visually.

Bush says this woman shouldn't get more than $250,000 for this. Good thing she was employed at the time, or she wouldn't have any lost income to sue for. She shouldn't have to go through a big silly rigamarole to get compensated.

People keep saying we should set limits, but I just don't see why. Contrary to popular belief, multi-million dollar awards don't go to people with frivilous complaints. A cap isn't necessary to stop silly prople from getting rich, they don't get big awards in the first place.

All caps will do is stop people like this woman from getting compensated, and keep the negligent pathologist from declaring bankrupcy and finding another line of work, hopefully one that is less lucrative and less important to people's lives.

With caps, the pathologist just had a lower-income year, nothing worse. He can sit down and calculate how many times per year he can afford to do that, and still retire by 50.

Hey, sorry about your breasts, but don't get greedy on us now ...

As bad as this woman's story is, I have heard worse. Some malpractice suits involve not just negligence, but actual malice! Why should there be limits on punitive damages when there are no limits to the grief and trauma that a person can experience, and no limits to the wickedness and incompetence that a medical professional can demonstrate?

11 posted on 01/19/2003 10:22:13 AM PST by Yeti
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To: SLB
Maybe you could say the same about your self.

A man doesn't bear children. A man in never beyond child producing age (until he is actually dying). It's women that wear out, not men.

12 posted on 01/19/2003 10:25:30 AM PST by templar
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To: Keith in Iowa
A physician is going to emphasize speed is of the essence. So a brave heart is going to hold out for a second opinion, but most people won't. Plus few doctors will do a second biopsy. Bad labs, bad diagnosis no matter who does it.
13 posted on 01/19/2003 10:28:43 AM PST by Man of the Right
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To: Yeti
Some malpractice suits involve not just negligence, but actual malice!

Like the clowns that like to routinely alter or sign womens genitalia? (note to skeptics: don't remember the exact case and don't feel like researching now, so don't ask. Anyone interested can do their own research)

14 posted on 01/19/2003 10:29:03 AM PST by templar
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Comment #15 Removed by Moderator

To: dogbyte12
>>cases like this make me question $250,000 caps<<

But where do you think the money should come from?

The pathologist doesn't even have $250K, I bet. But if he/she did, you can bet he doesn't have a million, much less ten.

So insurance has to pay. Whose insurance?

And where does the "insurance company's" money come from?

OK, from doctors. But not all doctors are guilty here. And this is likely a one-time mistake, removing the guilt from all doctors for not weeding out a "bad apple".

OK, so the money is actually coming from you and me. From funds we paid, or set aside, for health care.

Can you justify taking money you and I budgeted for treatment (through buying health insurance) and paying anything other than actual losses?

16 posted on 01/19/2003 10:32:06 AM PST by Jim Noble
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To: dogbyte12
dogbyte, thats exactly why trial lawyers and their allies have provided this story to the media at this time. It's not a coincidence.
17 posted on 01/19/2003 10:32:22 AM PST by Godel
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To: templar
"No damages at all. She is beyond child bearing ages and no longer needs her breasts. Therefore no actual damages can be assessed. Any damages beyond actual damages are just someone seeking a jackpot at the expense of the medical community and they should be denied and the person seeking them persecuted as a greedy liberal scum sucking lawyer. Medical malpractice is just a frivolous pursuit of liberal lawyers and isn't something which merits legal compensation."

Easy for you to say, eh? Suppose it was you, and they amputated your penis. Suppose you've had your kids. What use is that thing anyhow. No damages.
18 posted on 01/19/2003 10:32:38 AM PST by MineralMan
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To: ~Kim4VRWC's~
While I agree with the premise, Kim..HOW many people get 2nd and 3rd opinions when they are told pathology shows NO Cancer?

This is exactly what happened to the other woman who tested negative for Cancer. Did she go for a "second opinion"? I don't think so. How many people get a second opinion on negative pathology reports, let's say, for example, moles?

Thank God they contacted the real BC Woman, who thought she was OK.

The pathology was correct, however, they just had the WRONG patient :~(

19 posted on 01/19/2003 10:35:20 AM PST by spectre (spectre's wife)
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To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; Timesink; AntiGuv; dubyaismypresident; Grani; ...
"Hold muh beer 'n watch this!" PING....

If you want on or off this list, please let me know!

20 posted on 01/19/2003 10:35:59 AM PST by mhking
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