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Posted on 01/21/2003 5:56:20 AM PST by alisasny
A Minnesota hospital that admits it removed a healthy woman's breasts when it mixed up her slides won't discipline any of the doctors involved.
Linda McDougal, 46, was told last summer that she had an aggressive form of cancer and needed a double mastectomy.
But two days after the operation, her surgeon had shocking news: The Wisconsin mother of three never had cancer and the tests that showed she did belonged to someone else.
"She's angry," McDougal's lawyer Chris Messerly told the Daily News. "She wants to know how many body parts have to be removed before the doctors are disciplined."
McDougal's husband was at her side when she was told of the tragic error.
"I was rendered speechless," she told CNN yesterday. "I was in shock. And within moments, we were both crying. It was very difficult."
McDougal said the only apology she received was from the surgeon. It wasn't until this past weekend, when she went public for the first time, that officials at United Hospital in St. Paul said they were sorry.
Dr. Daniel Foley, United's medical director, insisted changes are in place so "this kind of mixup would never happen again."
But he and other officials said no one will be disciplined - not even the specialist who mismatched McDougal's papers and those of the real cancer patient.
"This pathologist is still on staff. This individual has been practicing 10 years, has had an exemplary record and has never made a mistake like this before," senior pathologist Laurel Krause said.
McDougal, an accountant and Navy veteran, has been unable to undergo reconstructive surgery because she is still suffering infections along the 31 inches of incisions.
She said she is going public to urge women to get second opinions and to protest President Bush's proposed $250,000 cap on malpractice damage suits.
"President Bush intends to harm me more," McDougal told NBC's "Today" show.
Although she has yet to file a suit, McDougal and her lawyer argue that what has happened to her is worth a lot more than a quarter of a million dollars.
The Association of Trial Lawyers of America, which opposes limits on malpractice awards, has found a face in McDougal for the political debate.
Bush is adding "insult to injury," the group's president, Mary Alexander, said in a statement. "He simply wants to help his corporate friends in the insurance industry."
Originally published on January 21, 2003
Bush intends to harm her more? How pathetic a statement.
Clearly this woman deserves her day in court however most lawsuits of this type are trips and falls that result in no injury.
I think this is the smoking gun to get Edwards and watch little Joey Lieberman lead the charge.
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| Linda McDougal |
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Oh, lemme guess... Would that have been during a fan-the-flames inverview with The Perky Katie Couric?
she is going public to urge women to get second opinions and to protest President Bush's proposed $250,000 cap on malpractice damage suits.
That's a starting point for negotiations if I've ever seen one (look at what occupation is best represented in Congress!). If tort reform has any chance whatsoever, the final number will be at least $1M.
but if I were this lady I'd want to make sure that the MD recieved a scrotal-ectomy just to even the score :)
about the second opinion - you'd be surprised how many people do not seek a second opinion and will take an MD's word - regardless...
This has been on another post since Sunday. But, FYI, a second opinion would have had the same conclusion. There was nothing wrong with the diagnosis of the lab reports. A second opinion would have relied on those same tests. the conclusion of the need for the surgery was correct and any doctor would have agreed.. The patient was the wrong patient. The patient was not stupid, and the doctors were not neligent in this case. Some second rate lab worker just couldn't keep her samples in order.
You better believe that the $250,000 cap is a going in position which the Bush administration is willing to see go up, within reason.
I see nothing wrong with this woman recovering any monetary damages to which she is entitled, including payment for "counseling" until the day she dies. I also see nothing wrong with capping her "pain and suffering" and any punitives at a total of $500,000. This situation is tragic, but it should not result in an automatic pay-off lottery ticket for the aggreived party.
Further, those responsible should be disciplined and probably lost their medical licenses -- everywhere.
the value of the loss in this case is just the cost of a bit of unnescessary surgery. Her insurance company should be compensated for that cost, not her. She has no claim for finacial loss (unless, maybe, whe was an exotic dancer or hooker, or something similar).
I had a rough pregnancy and did not even need to find another doctor. My OB/GYN had specialists lined up all over the place for my situation. I got a scond opinion and I third before I gave birth. All within 48 hours.
In addition we all know the media is going to dig up the most sick of the sickest cases when argueing against Tort Reform...this is just the beginning.
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