Met a woman on Friday who it appears, was clearly the victim of medical malpractice. She had some stomach discomfort, and went to the ER. Tests and scan revealed a suspicious mass in her bowel. The accompanying report indicated the mass should be investigated through upper and lower GI testing. The report was sent to her doctor, and he received it. But he never ordered the tests. Some 15 months go by and finally, another doctor orders them. Woman has a cancerous tumor in her bowel, necessitating surgery. Loses significant part of her bowel, and is currently getting chemo. Sounds pretty good right?
I thought so too - until I met her. My guess is she probably had some mental health issues. She couldn't stay focused and kept jumping around to other medical issues. It took a long, long, long time to get her story. It was my opinion I would never be able to successfully control this woman on the stand, and she would be an absolute nightmare on cross. So regrettably, I rejected the case.
Ten years ago I might have taken that case. But not now. And frankly, I think it is unlikely she'll find someone to file for her. So a clearly negligent doctor, who might have considerably shortened a life, gets to skate. Primarily because the potential client isn't from central casting. Some days this business can be depressing.
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