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what recourse does a patient have if they have been fraudently diagnosed for cancer?

I have a brother that was told by a doctor that he had cancerous growth on one of his kidneys , the doctor showed him the growth on a computer , that was a image taken from a cat scan , he also gave him a cd with this image to take home . He went to another radologist and had another cat scan taken , he did not know he had a previous diagnosis of cancer . The cat scan did'nt show any growth on his kidney (kidneys) .This could have been a mistake or a poor image . At this point we don't know what options we have or should take .

13 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    The first doctor did nothing fraudulent. You have no recourse and shouldn’t.

  • 1 decade ago

    Yes, I am well aware that it may have caused you and your family a great deal of stress, worry and emotional distress, but MY recourse would be only to thank God (or the respective person you worship) thank you that it seems as though the cancer diagnosis was a mistake. Though, if i had the money, i would try to get a 2nd, 3rd or up to maybe a 5th opinion to make sure that i could really breath a sigh of relief and work on my new lease on life. Sadly many people do not get this chance after hearing initial diagnosis like what you got...I am happy you are ok..

  • googie
    Lv 7
    1 decade ago

    Cancer is not a subject to be taken lightly . Since your brother is involved get a third opinion from an oncologist. and present him with the plates from the first doctor, showing a growth. The proper diagnosis is needed if only to set a person's mind to rest.

  • Anonymous
    1 decade ago

    I'd get a new set of images done, and show them to a different doctor.

    If they confirm a misdiagnoses, I'm sure your brother would be well within his rights to sue the first Doctor for the cost of all the scans, extra medical visits and possibly some other out of pocket expenses.

    So long as the compensation your brother asks for is of a reasonable amount, itemise the costs etc (and don't turn it into a money making venture as some lawyers encourage people to do), I see no reason why he shouldn't get recompensed.

    Personally I'd have been extremely grateful if my cancer diagnoses was incorrect.

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  • 1 decade ago

    There are a number of reasons why the scans could have different results. I'd certainly wouldn't use the word fraud. As someone else said, just be thankful. However, I also agree it might not be a bad idea to have further studies to make sure the second one was the accurate one...and not the first.

  • Erika
    Lv 4
    5 years ago

    does the affected person have dementia or Alzheimer's?? is this a assisted residing or nursing abode? i've got confidence the affected person might desire to comprehend! and if the family members isn't the POA of this affected person they even have not have been given any say so of it! Why does not the scientific expert tell the affected person? even with the indisputable fact that I see have been the family members is coming from to, I artwork in a alf an while our citizens are informed some thing like that they continually seem to provide up on existence! yet, If its bothering you that they are conserving it from the affected person. i might have a verbal substitute with the family members and merely tell them the way you experience approximately it and supply and logical clarification of why you have confidence there family members member might desire to comprehend on the subject of the main cancers! wish I helped you!

  • 1 decade ago

    First, you need to know whether it was fraudulent (intentionally deceptive), erroneous (honest error), a technical glitch (bad imaging), or something else (a mass that went away).

    I think you need to find out the actual medical situation first; then worry about whether you should sue someone.

  • 1 decade ago

    Try having your regular MD refer you to an oncologist (cancer specialist) or go to a cancer center or hospital.

  • 1 decade ago

    continue researching for more doctors , try a cancer specialist or something...meanwhile, encourage your brother to live life assuming he is going to die soon...make amends and such and if he isn't terminally ill, maybe he'll find a new meaning of life!

  • 1 decade ago

    You want to prove 'fraud"? Oh please. The only harm is that he had another doctors appointment. Just be damn thankful and let it go.

    If it was me I would go to another doctor - because it may be the second one that was wrong.

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