unnecessary surgery

UPDATED: Sep 30, 2022

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unnecessary surgery

I wanted to ask your opinion about a possible unnecessary surgery. I went to the doctor to get
back on paxil. During an exam he noticed a swollen lymph node in the groin area. He took some
blood and did blood work. a week later he called and said he wanted me on antibiotics because my
white cell count was elevated due to infection and/or cancer. i’m 43Two weeks later for a
follow up appointment, he seemed to think the swelling did not go down it had in my opinion
and without a follow up blood work he sent me to a surgeon for a lymph node biopsy. In his
opinion I had lymphoma or a blood cancer. I was scared of his news and agreed to the surgery if
insurance would cover it. I had my doubts but when a doctor says he thinks I have cancer, I
wanted to know as well. Biopsy said no cancer and no infection. Was this a rush to judgement on
his part? Can he think cancer on one blood test and one slightly swollen lymph node?

Asked on September 23, 2016 under Malpractice Law, Arkansas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
The doctor's decision to order the biopsy was reasonable to determine whether or not you had cancer.
Therefore, you have no medical malpractice case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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