LUNG CANCER MEDICAL NEGLIGENCE FAILURE TO INFORM PATIENTS OF TREATMENT OPTIONS
John Whelan Solicitor with specialist expertise in Lung Cancer Medical Negligence gives an example of failure to inform Patients of Treatment Options
Patient Background:
A Patient with a smoking history and a diagnosis of stage IIIB non small cell lung cancer presents to the Patients oncologist for treatment planning. The cancer is locally advanced, involving the lymph nodes but without distant metastasis. The Patient is otherwise in good health and has no major comorbidities.
Initial Treatment Discussion:
The oncologist discusses the Patient’s case and recommends chemotherapy combined with radiation therapy as the primary treatment option. Surgery is not mentioned as a potential treatment option due to the involvement of lymph nodes, and no further treatment alternatives are discussed. The Patient, trusting the oncologist, agrees to the treatment plan.
Missed Treatment Option:
What the oncologist fails to discuss is the possibility of an interdisciplinary approach that could include neoadjuvant chemotherapy (chemotherapy given before surgery) followed by surgery to remove the tumour. In some cases, even with stage III disease, a thoracic surgeon might assess the Patient for potential surgical resection after a successful response to initial chemotherapy. Additionally, new immunotherapy treatments or participation in clinical trials could also have been viable options to consider for his condition.
The Patient begins chemotherapy and radiation as prescribed but does not respond well to the treatment. The cancer progresses, and by the time the Patient seeks a second opinion from another cancer centre, the disease has advanced to stage IV with distant metastasis. The new oncologist explains that a surgical option could have been considered earlier, along with more innovative therapies like immunotherapy or clinical trials that might have slowed the progression of the disease.
Issues:
Failure to Inform of All Treatment Options.
No Multidisciplinary Evaluation.
Lost Opportunity for Patient Empowerment: Lessons from the Case.
Important Points from this case:
Comprehensive Discussion of Options:
Multidisciplinary Care:
Patient Autonomy and Decision Making
What should be done:
a) Open Communication.
b) Referral to Specialists.
c) Informed Consent.
For more detailed insights into how the Patient Safety Act 2023 impacts you and how Whelan Law can support you, please visit our Lung Cancer Medical Negligence https://www.whelanlaw.ie/news/rising-lung-cancer-medical-negligence-claims-a-reflection-of-modern-medicine/