Graham Lord, Man Misdiagnosed With Stomach Cancer, Sues Health District After Stomach Removed

After undergoing rounds of chemotherapy and surgery that removed 80 percent of his stomach, Graham Lord found out he never had stomach cancer.

The 59-year-old is now suing Australia's Central Coast Local Health District, after he said a 2010 post-op evaluation shed light on the false diagnosis.

"I was told that the tissue taken from me during that gastrectomy was examined through the pathology department at Royal North Shore [Hospital] and the lymph nodes that were taken out showed no evidence of cancer," he told the Sunday Telegraph. A second test confirmed the results.

Lord said he has suffered from anxiety and depression as a result of the surgery and can no longer eat sitting down.

"He would be seeking an apology from the hospital in terms of an admission of liability and compensation for his injuries," Anna Walsh, Lord's lawyer, told ABC Sydney.

Walsh told the Sunday Telegraph that a pathologist at Gosford Hospital, where the initial flub occurred, already apologized to Lord.

Comments

[10181854]

07:02 PM on 04/04/2012

If you cannot speak English and you are working in an American Hospital , but you can do the job and no high school diploma, no college degree, forged documents, birth certificate are being sold, sneaking over borders, Welcome to the New America!!!!!!
Only the Republicans and the filthy rich using cheap labor at the expense of others.

[SC100]

09:16 PM on 01/29/2012

Oops!

[knosum]

06:54 PM on 11/16/2011

If I were Mr. Lord, I don't think an apology would be quite enough. After two lumbar surgeries I began having new and severe pain and my legs began jumping and moving on their own. After an MRI my neurosurgeon sent me home saying nothing was wrong. A day later he called and had me meet him at the ER for immediate surgery after a radiologist looked at the MRI and saw a large abscess on my spine. Brought on by previous work and hardware. Just the opposite of Mr. Lord but as devastating. I was told I came within a hair's breadth of being in a wheel chair for the rest of my life. The medical profession is not foolproof and second opinions are always wise.

[buckeroo]

06:53 PM on 11/16/2011

This is the problem with too many patients, seeking health care. I have been told that physicians in training no longer learn exclusively from patients but from simulated patients. I have also been told that Pre-med education is often only maybe two years. That is not much time for education & maturity. I have also been told that internship has been reduced or not available. I have been told that developing a doctor/patient relationship is difficult in the rush to see & evaluate more & more people. Osler medicine has been ruled too time consuming. What are your observations ?

[frank1946]

08:07 AM on 11/16/2011

Cash Flow you Know !

This is an Outrage, Mr. Lord deserves a large settlement and the Medicals should stop and ask
many questions about Hurry Up procedures ?

Surgeons are all the same, "You Must Do This" ! Get a second Opinion, Please !

[just interested]

07:43 AM on 11/16/2011

the same thing has happenend to my husband so we are very interested to read this, in our case, no biopsy was done at all and the whole stomach was removed in what we were told was a life saving op. Ten days later we find out that the tumour was not and never would have been cncerous, my hubby is still a young man in his 30s. W are fighting this but it has changed everything. We know exactly what Mr Lord is going through and our hearts go out to him and his family xx

[Michelle Freeman-Wahl]

12:30 AM on 11/16/2011

With today's technology can someone PLEASE tell me how this is possible. This man's life was turned upside down and for what...a doctor to say oops I'm sorry we made a mistake????? There were enough people involved that somebody should have caught this LONG before it got to this point.

[Darren Christman]

08:39 PM on 11/15/2011

There's so much malpractice out there. Many doctors are trained in places outside the USA, then given Visas. I encountered such doctors at a large HMO ER in Los Angeles. They tried to give my relative pill anti-biotics for a major infection. The following day we went to another ER in an upscale suburb with American educated doctors and they admitted him into the hospital and put him on IV anti-biotics. The doctors there reported the other doctors and told us that had we not come in on the second day my relative would have likely gone into a coma and gone septic

[Dot McFarlane]

07:31 PM on 11/15/2011

Part 3. There are those who will say that it was just her time to go. While I tend to agree with that statement for the most part, I will also say that it sure didn't help to have a specialist who quite obviously didn't care. He probably thought of her as just a number on a file. Just after Michelle's death, I paid a visit to Dr. C's office and spoke to his secretary (a VERY nice lady, by the way). I asked her to please make sure she told him as strongly as she could, exactly HOW Michelle died. I'm so glad I didn't see him myself, as he would've gotten quite a good talking-to by me. I don't EVER want to see him again, for the rest of my life!!!!

[shirlcare]

09:59 PM on 11/15/2011

Dot, I just read your story, and my heart goes out to you! You truly were a loyal friend, and someone who has so much faith!! It is such a shame that she had to die that way, and I agree with you-It was NOT her time, but negligence...As you said "He probably thought of her as just a number on a file." If she is a believer, she is safe in god's arms, and I truly hope you can treasure the memories you had with her. God bless you!

[Dot McFarlane]

03:36 PM on 11/17/2011

Thanks SO much, Shirlcare!! I really appreciate your comments, my friend ... :o)

[shirlcare]

04:06 PM on 11/17/2011

You are so VERY welcome! All the best to your family, and you....ShirlCare! :)

[Dot McFarlane]

07:30 PM on 11/15/2011

Part 2. Dr. C refused to even attempt to do anything else for her, and even initially refused our repeated requests for a referral to another doctor (which he eventually granted us). All he would do was refer her to a wound care specialist through the home nursing agency. All of us (including our nurses) were becoming increasingly frustrated by his lack of care.

Eventually Michelle began showing signs of extreme fatigue and increased pain in the fistula area. Our nurses kept in regular contact with both our family doctor and Dr. C. The fistula drainage was swabbed for infection and the results were negative. Still, we were increasingly concerned not only for the condition of the fistula, but for her quality of life (nursing visits and increased pain every day). The ONLY doctor who ever cared about her during this entire situation, was the family doctor!!

She was rushed to the hospital on May 22nd. She was becoming increasingly lethargic and her blood pressure was very low. At one point, her blood pressure was only 40/21 - yet, she was still talking to me!! She'd also developed problems breathing. They inserted a central line and also intubated her (respirator), at her request. Tests showed massive pneumonia and septicemia. Despite all efforts, her body failed to respond. She passed into Jesus' loving arms, surrounded by her family and close friends, at 2:45 pm on May 23rd. Continued in Part 3 ...

[Dot McFarlane]

07:25 PM on 11/15/2011

My best friend Michelle was disabled from birth, with spina bifida and hydrocephalus. She was a full-time wheeler and diagnosed with Type 2 insulin-dependent diabetes in 2007. I was her medical power-of attorney. She lived with our other best friend Lisa and myself for over 15 years, until her death this past May.

She was diagnosed with an anal fistula (abnormal rectal opening) in April of last year. Immediately afterwards she began receiving daily nursing visits and was eventually also on IV antibiotics through a PICC line (permanent IV in the arm). We were given a second opinion and she was referred to the specialist, Dr. C, who she eventually saw the following September. He decided that a colostomy surgery was the best option to give the fistula a chance to heal on its own. He's the top specialist in our area, but unfortunately so is his arrogance. He made it abundantly clear many times, that his priority was to cancer patients. I obviously understand that but her condition was pretty big as well (numerous health issues).

She underwent the colostomy surgery this past January 21st. Things went very well for the first few months. The fistula was getting smaller, the home nurses were pleased and the antibiotics were discontinued. When we started noticing some problems again (increased drainage, fistula getting bigger again) and reported our new concerns, Dr. C again brushed us off. Continued in Part 2 ...

[lacrosselamore]

03:17 PM on 11/15/2011

I woudl make them say "Lord, Forgive Us".

[cafeaulait117]

03:06 PM on 11/15/2011

This is gross medical malpractice. If Mr. Lord were in the United States, he'd be able to sue these incompetent folks for compensatory and punitive damages which would hopefully leave them bankrupt. This is so sad. Our American legal system has its flaws, but it's the best in the world. I'm hoping Barrister Walsh can get him more than an apology. Apologies won't help Mr. Lord live a better quality of life now that he has no stomach.

[knosum]

07:08 PM on 11/16/2011

Unfortunately tort reform could hinder Mr. Lord's chances of a fair outcome in America.

[cafeaulait117]

09:40 PM on 11/16/2011

Tort reform in the United States is often a jurisdictional issue, and skilled personal injury lawyers in all of the 50 United States of America are still able to obtain fair verdicts and settlements for their most severely injured clients. We all pay higher insurance and health care premiums for frivolous tort claims, but, I daresay, Mr. Lord's claim is clearly not frivolous. Centuries ago, Lord Blackburn established a standard concerning compensation which is "that sum of money which will put the party who has been injured in the same position as he would have been [in] if he had not sustained the wrong for which he is now getting his compensation or reparation." How much compensation will make Mr. Lord whole? That is the question for a jury of his peers. Should there really be a cap on damages here? We can agree to disagree about the limits tort reform should put on compensation here in America. But I think we can definitely agree that it is difficult to come to a fair sum. "Knosum" - I don't believe you'd like to trade places with Mr. Lord right now for any sum.

[knosum]

10:16 PM on 11/16/2011

"Cafeaulait" You have absolutely no idea of my condition. Considering my condition, and if it were possible, I would seriously consider trading with Mr. Lord. And, I stand by my reply to your original comment.

[mtjp555]

02:15 PM on 11/15/2011

This is sickening....how could such a huge error be made like that? A nurse friend was diagnosed with aids after a blood transfusion. She was traumatized for 6 months. Found out after that time they'd made a mistake...got her test mixed up.

[michelleobamaok]

01:10 PM on 11/15/2011

IT IS ALWAYS recommended that people get a SECOND OPINION.

[JujuSapiens]

01:49 PM on 11/15/2011

You know that costs something even with insurance.

[sunnybunny]

05:04 PM on 11/15/2011

Yes, but compare the cost to the reality of what it cost to have a bad diagnosis not just monetary but in quality of life and it looks a lot more reasonable.