VIC Can I Sue for Negligence?

[John Cookson]

Hi,

I had a swelling of the lower bile duct which blocked it completely. I saw a specialist who put a stent in and cut into the swelling to do a 4 needle biopsy, which proved negative for cancer. I was sent for a 6-needle biopsy (both endoscopic) and was told I had cancer and needed a whipple re-section which was done. I was then told there was no cancer or changed cells, only scarring and inflammation.

Should I sue for negligence?

 

[Victoria S]

Hi John,

Simply being unhappy with the medical treatment you receive does not necessarily give rise to a Medical Negligence claim. You really need to point to something that your doctor / surgeon did that was well below the standard practice in Australia. Check out this article.

Medical Negligence Claims in Australia - Common Questions - Legal Blog - LawAnswers.com.au

 

[Lance]

I don't know that this would give rise to negligence. The fact that the 6 needle biopsy indicated cancer left the doctor with the option that they presented to you. In a number of cases doctors (and this is a direct quote from a doctor) "make a best guess" with the information at hand. I'm glad you don't have cancer.