replied 1 year ago.
Stat of Limitations has extenion to 4 yrs. in Medical Malpractice/wrongful death cases with extenuating circumstances (which apply here) wrong meds, misdiagnose, firing of patient (when tests continuously showed malignancy, concealment of facts by doctors, biopsy done in wrong section of lung. Pulmonologist canceled PET Scan and bronchoscopy ordered by Internist (and which wife was asking for specialized tests from early on when malignancy was showing , - considered FRAUD??? - -
From the start, tests EGFR, KRAS and ALK called MSK-IMPACT - screens for mutations in genes should have been done. (American Cancer Society and Sloan Kettering in NY state that with proper testing stage -0- small cell lung cancer can be treated by surgery -- and cured. Jack was seen by internist and pulmonologist, after having blood test - showing infection. From there he was showing serious illness with infiltrates to small section of right lung - biopyy taken from wrong section of lung as that time (before it spread). Facts for extension to 4 yr. Statute - WRONG MEDS, MIAGNOSIS, WRONG TESTNG, CONCEALMENT OF CORRECT DIAGNOSIS, CANCELING PROPER TESTING, NOT ORDERING CORRECT TESTING, FIRING A LUNG CANCER VICTIM, WIFE WAS IN GRIEF FROM MISTREATMENT AND MISDIAGNOSIS - HAD TO SELL CONDO IN FL AND MOVE TO NY WITH FAMILY AND FRIENDS. ALSO HAD COMPLICATIONS FROM DIABETES (it took 9 doctors and 5 major tests) to determine treatment, ALSO HAD SPINAL STENOSIS - AGGRAVATED BY WATCHING HER HUSBAND BEING MISTREATED, MISDIAGNOSED AND FIRED (AFTER CORRECT DIAGNOSIS WAS PROVED) WAS WELL AS GRIEF FROM FINANCIAL LOSSES.
Additional Info: Husband exposed to toxic chemicals/mold and got lung infection Oct. 2009. Tests continuously showed infiltrates in section of right lung. 2/10 Wrong section of right lung was biopsied, and he was misdiagnosed with pneumonia, even as tests showed malignancy and was given methylprednisone by Internist whereby he contacted NTM - 2/10 Internist ordered PET Scan and Bronchoscopy - which Pulmonologist canceled (per Internist's office and hosp records). 3/10 Tests continued to show malignancy - but pulmnologist kept saying it's not lung cancer - - it's pneumonia - He said Internist should not have said malignant lung cancer - even after seeing reports of malignancy in test results. 4/10 Pulmonologist and Infectious Disease doctors then fired Jack (without explanation) - wife/advocate was asking too many questions and taking up too much time (stated by Internist and Pulmonologist). Without proper MSK-IMPACT testing (confirmed by American Cancer Society and Sloan Kettering Cancer in NY, malignancy spread. Proper testing in stage -0- small cell lung cancer can be treated by surgery - - AND CURED. After being fired, in May 2010, Jack saw Dr. ***** *****bby, pulmonologist specialist at Cornell in NY - who ordered further testing - then on to Dr. Jeffrey Binder, regular pulmonoligst in NY - who ordered more testing. In Sept. 2010 Jack was diagnosed with small cell lung cancer by Dr. Krug, oncologist at Sloan Kettering in NY. In Nov. 2010, after PET Scan, broncoscopy, etc. at Cleveland Clinic in Fl, Jack was diagnosed with SCLC. Wife asked Dr. Bruno Bastos, oncologist at Cleveland Clinic in FL if infiltrates were diagnosed and treated correctly, could Jack have been saved from the spread of SCLS, as all tests results showed, and DR. BASTOS - SAID YES. 1/11 Jack started chemo at CC in FL and continued for 6 months - followed by radiation to chest - and then radiation to the brain (MRI showed cancer had not yet spread to brain- but it was still recommended). 12/11 Jack then had a stroke, was hospitralized, went to Nursing Home and finally to Rosary Hill Hospice in NY. After much suffering, he passed on Apr. 11, 2012. Wife was in grief, had complications from diabetes, diagnosed with spinal stenosis - now feels well enough to pursue this unfortunate case. Her sister was also diagnosed with Alzheimer's. Jack was a retired NY atty. living in W. Palm Beach, FL, and was given wrong meds (immunocompromised person) causing NTM, misdiagnosed, fired by doctors, and the doctors were involved in concealment, treated Jack in a completely unprofessional manner, and this was unfortunately the cause of his death. I have all test results, handwritten notes of Internist ordering PET Scan and Broncoscopy and canceled by Pulmonologist back in Feb. 2010. IS THERE ANY SOLUTION FOR THIS TERRIBLE MISJUSTICE??? In Jack's memory and honor, I will continue with this case. I would appreciate any help and input that you can give. Thank you. Mrs. John ******* (Nancy)