An Iowa doctor, Dr. Curtis Hoegh, is accused of accidentally cutting open a tumor removed from her ovary and spilling cancerous tissues or cells into her abdomen. The case fits squarely in cases involving reductions in survivability. In the factual causation ruling of Herskovits v. Group Health Cooperative, a court ruled (and most now do) that a reduction in survivability is still actionable when a doctor failed to diagnose cancer. Thus, even if an individual has less than 50 percent likelihood of survival, he or she can still sue for the reduction in odds due to medical malpractice.
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One thought on “Medical Malpractice: Doctor Cuts Open Cancerous Tumor and Spills Cells into Woman’s Stomach”
my mother is 63 years old and was told that she had a mass the size of a football sitting on her ovaries. The ER doctor said, based on the MRI results, he is 95% sure its cancerous. Then the OB/GYN said that based on the blood test, he is certain that is not cancerous, so he performed a hysterectomy to take the mass out after cutting it into sections an did believes he got it all out….. The doctor sent the mass out to be tested and test came back positive for cancer….. my question is if he cut the tumor, did it spill cancerous tissue and cells over into her body??
The doctor said he is sorry and gave her 6 months to live…………… :.”((…..
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