I’m putting this out on Topix in hopes of reaching a lawyer who is familiar with statute of limitations exemptions or anyone with any suggestions on what else to do.

I had a bi-lateral mastectomy in 2001, followed by chemo therapy at Freeman Cancer Center in Joplin Missouri. My oncologist at the time, Dr. COE, told me I would not need radiation following chemo because my margins were “clear as a bell, nothing to worry about, your margins looked great.” So I had tissue expander reconstruction.

Due to a change in insurance providers, I had to find a new oncologist. My new oncologist informed me I did need radiation, that my margins were positive. My new oncologist even went as far as taking my original pathology reports to the tumor board, which were in agreement that my margins were positive and I did indeed need radiation.

Now, here is where it starts getting tricky. I went to a lawyer in Joplin Mo., who is supposed to be one of the best lawyers dealing with medical malpractice. He said even though my treatment was delayed, I still got the necessary treatment so there were no damages, unless of course the radiation resulted in disfiguration, or my cancer came back.

So I did my radiation. There was damage to the left chest wall following radiation which did not begin to surface until about 2 - 3 months after treatment. Again, I went to this same lawyer, he said if it can be fixed, then there were no damages. So, I went to have it fixed at a hospital in Kansas City. Unfortunately I got a terrible staph infection that practically killed me. I had to have the entire implant and eventually all the surrounding tissue removed. Now I have been told I can never have reconstruction again and should have the remaining right breast removed due to residual radiation damage.

The kicker, after being a good little patient and trusting my first oncologist and lawyer, 2 years had passed. I didn’t even know I needed radiation the first year and it took all that damn remaining time to try to “fix” things after radiation.

I’m now stuck with a disfigured chest and constant pain. I strongly feel I should be an exception to the statute of limitations. A private insurance investigator determined I did have cause for a lawsuit but the statute of limitations had passed because the clock starts ticking from the time of diagnosis. Not fair or ethical since I didn’t even know the first year after my diagnosis I even needed radiation. You would think Freeman Cancer Center of Joplin Missouri would step up to the plate and at least offer some compensation. I have to have a prosthesis now, pain medication due to all the nerve damage following the staph infection, no chance of reconstruction and not to mention all the emotional and mental anguish I have had to endure through this whole mess.

Every now and then I get on my soap box and thought I’d post on various Topix sites to see if anyone knows of any other resources for legal help.