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JGM, Solicitor
Category: Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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I was recently told I had secondary cancer following an mri

Customer Question

I was recently told I had secondary cancer following an mri for back pain. The mri report clearly stated multiple metastases of the spine. Clearly this devastated myself and my family and meant I had to cancel an operation for breast reconstruction. My oncologist said I would need further chemo but first wanted to check it wasn't in any other organs. Following a PET scan, a CT scan and a bone scan which found nothing I've now been told it is not cancer. Whilst I am obviously delighted that it is not, I am extremely angry that this has happened and has caused us all such emotional distress. Could you please let me know if I have any legal case and if so what my next steps should be. I should probably mention that this was not the nhs it was all done privately. Many thanks. Tina Mjekiqi
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
On the face of it you have cause for complaint. Whether you have a case for negligence is something that would require further investigation.
Your solicitor has to get a copy of your medical records from the private hospital and have them reviewed by other independent doctors of similar discipline to those who were carrying out the investigations on you.
The reason for this is to ascertain whether any other doctors, using ordinary skill and care, would have done the same as yours did. From what you say in your narrative, this will probably come down to a question of whether all the correct scans were done that would normally be done when seeking to conform a diagnosis of cancer.
If the doctors departed from the normal way of doing things, you are likely to have a case for negligence.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.