Cervical Cancer Cases

The Pap Smear Case (continued)

It is also important to secure, even during the course of preliminary screening, the records of the hospital or physician's office where biopsy confirmation was obtained. These specimen slides should be secured as well, as they will help verify the type of cancer and the extent of progression of disease.

One needs to consider carefully the magnitude of delay involved in a given claim. In general, delays of weeks to a few months will not be of significant consequence. There are circumstances, however, where even a delay of several months in a particularly aggressive cancer may materially change the outcome.

After records and slides have been examined, clinical issues concerning the conduct of the primary care provider are best evaluated by a gynecologic oncologist. Such an expert will not only be familiar with the standards of practice concerning the management of the patient's gynecologic course but give immeasurable assistance in establishing causation.

The damages in Pap smear cases arise primarily out of the disease. Damages also include, however, injuries resulting from treatment more extensive than would have been required at an earlier time. For example, a hysterectomy is not required for a woman exhibiting carcinoma in situ only or less where continued fertility is important.

Cervical cancer is a devastating illness once it has taken hold. Therefore, even in those cases where the future prognosis after hysterectomy is good, the morbidity and mortality associated with possible recurrence can be remain an important element of damages.

More tragic still is the woman whose cervical cancer is diagnosed in an advanced stage where the probability of survival may be slim. Death from cervical cancer can take a very long time. This is especially true where the spread of the disease results in pelvic recurrences. Such patients live long-term on continuous intravenous narcotics.

Because in young women, in particular, cervical cancer can be a very aggressive disease, it is critical that reviews of potential claims be carried out as promptly as possible so that cases can be filed in time to preserve a client's testimony. As in cases of advanced disease, a client will rarely survive long enough to ever give such testimony at trial.

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