Visitor Question

Cancer Misdiagnosis Leading to Hysterectomy…

Submitted By: Linda (Maysville, KY, USA)

In December 2006 I was diagnosed with cervical cancer. After a loop electrosurgical excision procedure (LEEP), I was told I still had cancer. I had a total hysterectomy which has led to very low bowel function, severe hot flashes, extreme shock and menopause symptoms.

The bowel is non-functional without medication and stimulation, and I take $200 in medication monthly. A month ago I was told by a different OBGYN that I did not have cancer, I had pre-cancerous CIN 2/3 and actually had only a 20% chance of ever developing cancer.

Do I have a case against the original OBGYN for misdiagnosing cancer which lead to my having a hysterectomy?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Linda,

It would appear you have a claim against the first OBGYN.

Medical malpractice suits are very complicated. Doctors are very protective of their reputations and the medical malpractice insurance they maintain affords them excellent legal representation.

With the limited information you’ve presented it is difficult for us to be able to evaluate your case as thoroughly as would be appropriate. The most important issue is your health. Be sure before taking any legal action you have taken every reasonable precaution to insure your health is protected.

At your earliest convenience seek the advice and counsel of a personal injury/medical malpractice attorney. Most do not charge for initial office consultations. You will be able to discuss the facts of your case and the attorney will be able to review with you the legal process, the time and effort which will be involved in the pursuit of your case, and the possible eventual outcome.

Because of the seriousness of your case it would be wise for you to seek the advice and counsel of several personal injury / medical malpractice attorneys.

As in any other profession, there are good personal injury / medical malpractice attorneys, and great ones. That’s why it is so important for you to benefit from as much legal advice as you can stand.

Knowledge is power, and in a serious case like yours you will need both.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2011

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