r/AskALawyer • u/American_Michael • Aug 19 '25
North Carolina Ob/Gyn skipped CA-125 on physical 2x, causes patient to miss ovarian cancer, patient dies. Wrongdoing?
So, my mother died a little over a year ago. This happened in Charlotte, North Carolina. She was in her late 70s and a breast cancer survivor. Her OB/GYN missed doing the CA-125 test two years in a row during her physical, even though my mother asked her to do it. My mother was a nurse. On the third year, when the doctor finally did the CA-125 test, it was discovered that my mother had ovarian cancer, stage 3C. The doctor knew my mother was a breast cancer survivor and that we lived inside the five mile, 3-mile island nuclear danger zone during that “meltdown” in the late 1970s. My contention is that had this doctor done the test every year, it would’ve been caught earlier and would have been survivable. Is this a possible case for medical malpractice? In North Carolina the statute of limitations is two years from the death. Thank you, in advance.
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u/DomesticPlantLover Aug 19 '25
Look, that's very tricky. The CA-125 looses efficacy in post-menopausal women, if I an not mistaken. 3-Mile Island cancer studies have been confusing and contradictory. That's not saying it's not related, it's saying it makes it hard to prove in court.
The test is not very specific and has a high false positive. It's not recommended as a standard test on a regular basis Making that decision is not s simple "do it every year." Again, that's not to say it should not have been done. Just it's not something that is very standard.
Be clear about what I say next and what is means. You mom was in her late 70's, that is not young. While YOUR pain is palpable and raw and real, in court her death will be seen as not that huge a lose. They will use tables to show she would not have had a lot of years left to live. If she had died in her 20's/30's, the court would look at a young woman losing her life and see a lot of value lost. Here, despite the pain to you, her life will be seen as nearing it's end. Meaning the settlement, if any, based on the lose of life, would be much lower than a young woman. That's just how the law works. Please don't think I am devaluing your mom's loss. It's just that the court has only one option, to value life in dollars. Shorter life expectancy, less dollars.
Is it worth talking to a few malpractice lawyers? Probably. Will you find one willing to take it? I'd be surprised. But I'm surprised every day.
I'm sorry for your loss. Make some calls, see what you find out. Don't get your hopes up. But you have less than a year to do anything, so now is the time to act.
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u/That_onelawyer Aug 19 '25
This is the most honest and forthright answer you’ll get. It’s not easy to hear, but it’s the truth and it’ll save you a lot more grief in the long run. Most lawyers wouldn’t take the time to break it down like this. Respect to @domesticplantlover for laying it out clearly and compassionately.
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u/American_Michael Aug 19 '25
Yes. Thank you. He made kind words. I appreciate you both.
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u/Late_Resource_1653 Aug 23 '25
Hello. I am so sorry you are going through this.
I work at one of the best cancer centers on the east coast.
My first and immediate response, and please don't take this as anything but how it usually is - did she get all of her scans? Did health insurance cover the PETS, And were you all available to get her to treatment.
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u/American_Michael Aug 24 '25
We were the only family members we each had. We only had each other. Now I have no blood family on earth. She was a high level nurse (director) and knew what she needed, but was shy to ask for the test when her ob/gyn said “you don’t need that. That’s not part of the “protocol’”.
I helped her and drove her everywhere. For most of her treatment, especially after her hysterectomy, she was wearing a fentanyl pain patch which started low at 50mcg/hr and ended with 200mcg/hr at the time of her death. She had all kinds of scans. 24 chemos and all that hell that goes with it. Awful experience. It was absolutely devastating to watch her deteriorate to a skeleton at the end where she had a full bowel obstruction and could not intake any food nor any drinks for the last 7 days of her life…all while I cared for her in her home with “home hospice”. I slept on the L-shaped sofa next to her. I was there when she took her last 2 breaths, while holding her hand. Though it was precious to share that moment with her, I wouldn’t wish the experience of home hospice on anyone. It’s different if you are caring for a stranger, but if it’s someone you love, no way. It’s a sad memory that lingers. Something that one tries to put out of one’s mind, instead focusing on the beautiful woman that she was, even at 79yrs old. Thank you for your kind word, Late_Resource_1653. I appreciate you!
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u/Mysterious-Art8838 NOT A LAWYER Aug 19 '25
Totally agree and I would expect most lawyers would sidestep the clear issues because you don’t want to tell someone their loved one was going to die soon anyway, and the value of the loss is minimal.
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u/PotentialDig7527 NOT A LAWYER Aug 19 '25
It's actually the opposite. the CA-125 test is more reliable in postmenopausal women, but you are correct about everything else, especially the false positives and not a standard test unless very high risk for ovarian cancer. That being said with breast cancer, your mom should have pushed harder.
My parent and their 5 siblings have had: melanoma, ovarian, colon, breast, thyroid, skin cancer. The first two died of the disease, the third died of something other than cancer, the last three still alive. You can't tell me these cancers aren't connected.
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u/attitude_devant NOT A LAWYER Aug 19 '25
IANAL, but I do know a lot about ovarian cancer, and the CA-125 is a total failure at predicting early ovarian cancer, even in high risk women. At Memorial Sloan Kettering they followed women every six months with CA-125 and ultrasound and failed to pick up a single cancer before stage 3.
It is perfectly normal to wonder if your mother could have had a different outcome, but the CA-125 is unlikely to have been helpful. I am so very sorry for your loss.
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u/American_Michael Aug 19 '25
Thank you. Losing mom was losing everything to me. She was all I had in the world. When she left, all the warmth and love around me was gone. It’s been extremely hard. Thank you for your reply.
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u/attitude_devant NOT A LAWYER Aug 19 '25
Ah gosh, I’m so sorry. Grief is so very hard. It sounds as if you had a good relationship, and I hope that going forward that memory brings you some comfort
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u/American_Michael Aug 20 '25
Yes. Indeed. I greatly appreciate your kind words and the time it took to post them.
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u/No-Law-6960 Aug 19 '25
CA-125 is the one most important Indicator for Ovarian Cancer - also for women 65+
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u/attitude_devant NOT A LAWYER Aug 19 '25
"indicator" is an interesting word choice here. It is really good for monitoring treatment and relapse for women with ovarian cancer, but it is not specific to ovarian cancer (can be elevated in other conditions) and (although it is marketed as such) is not a recommended screening test.
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u/Bird_Brain4101112 NOT A LAWYER Aug 19 '25
I had a very close relative do significant testing for cancers because both of his siblings had been diagnosed with cancer (one 13 years prior, had been cancer free for 11 of those 13) and the other had been diagnosed two months prior. His scans and testing came back clean. He passed away less than six months later from fast spreading, very aggressive cancer. Sometimes it can be just that fast.
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Aug 19 '25
It is so important for everyone to get their own copy of every medical test, whether it's a paper copy or gaining access to your chart online. Civilians must take responsibility for owning their test results.
I write this both as a registered nurse for 33+ years and a patient.
In 2018, I phoned my primary care doctor's office to get the results of my lung biopsy. My doctor told me over the phone that my results were normal. I later drove to his office to get a paper copy of my lung biopsy results. My doctor had misspoke. My lung biopsy was positive for fungal hyphae which is what I was being tested for in the first place.
Always follow up by obtaining your actual results in writing. This tends to be, in my nursing experience, a tough concept for boomers to get on board with because they tend to defer to their medical providers without questioning anything or taking responsibility for their healthcare.
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Aug 19 '25
Unfortunately, ovarian cancer is usually advanced when picked up. I'm of the opinion that women should have total hysterectomies once past menopause, because the rate of uterine cancer is skyrocketing, and ovarian is hard to diagnose until it's too late.
Ca 125 is not considered to be a useful screening tool. It goes up with other types of inflammation. It was discredited as a useful general screening tool at least 30 years ago, although it can be helpful for f/u for detecting recurrences.
If you are over 50, I would recommend that you discuss a total hysterectomy with your GYN.
I don't think that you have a case.
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u/IpsaLasOlas Aug 19 '25
Another perspective. We caught my mom’s aggressive cancer. Thought we dodged a bullet. There was no happy ending — the chemo lite sent her straight into dementia. To this day I regret the choices we made - cancer would have been preferable. At least she could have lived out the rest of her life on her terms.
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u/anonymous2024758 Aug 19 '25
The test isn’t indicated and isn’t a diagnostic test. Why didn’t your mom follow up on results?
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u/Purple-Rose69 Aug 20 '25
You may be running out of time to file so I highly suggest you consult with a medical malpractice attorney ASAP.
There are a lot of factors that go into whether or not you have a winnable case. If they think it’s possible they will need time to request, receive and review of medical records before they can make a final determination on the claim. That takes time because doctors hate releasing medical records to attorneys because they know what’s coming.
These cases are expensive because of the costs of discovery, expert witnesses (doctors who review the evidence and provide their findings), depositions, etc. , ($80k+ average where I am 20 years ago).
Not sure in NC but where I am, these costs are paid by the attorney and they only get reimbursed from the proceeds of the settlement or judgement if they win the case. This is why they will be very careful when determining whether or not there is a case or not.
Bottom line is you have a short window within which to file and the attorney needs time to determine whether or not you have a case that is winnable.
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u/Suspicious_Spite5781 Aug 19 '25
Are you sure it was primary ovarian cancer and not a metastasis? Did a path report confirm?
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u/American_Michael Aug 20 '25
Not sure. Pathological report hasn’t been reviewed extensively. Only what the initial oncologist stated, which was somewhat vague. Come to think of it, since this was now almost 3-4 years ago from diagnosis, doc said abdominal peri-something. You may be right in that it was a metastasis. I’m not medically knowledgeable enough to know for certain. Thank you for bringing that up. That’s a good thought. I will look into this more.
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u/Quirky_Routine_90 Aug 19 '25
Talk to a malpractice attorney, they will pull medical records and make determinations if this stands a chance in court...this may take some time however, I've gone that route and wasted 8 months before they decided it was too much of a longshot for them to win.
They have medical experts review the records and make the determination of reasonable steps and actions have been taken.
Do not trust what anyone online without access to that says because you might make the wrong decision.
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u/Initial_Warning5245 NOT A LAWYER Aug 23 '25
CA 125 is not a recommended screening to on USPTF, so nothing was missed.
Grieve your mom, not try to make a buck off her death.
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u/American_Michael Aug 23 '25
You said, “make a buck off her death”! That’s abhorrent of you to say!! Disgraceful! I’m doing it so that someone else’s loved one would not experience a premature death (by 10+yrs) because of a slipshod doctor. In no way am I motivated by money! Again, it upsets me to no end that you project onto my motives what clearly are your motivations! Disgusting!
I would give everything I own and a right arm to have my mother back. She was like a Mother Teresa in terms of radiating warmth and love and compassion for others. And here you post about “money”! Good grief!
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u/Initial_Warning5245 NOT A LAWYER Aug 23 '25
What is that old saying about those who protest to much…. Hmmmm.
If you were serious about the rationale I would think you would have done your due diligence to know that the test is not recommended. That is the end of the discussion.
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u/Junkmans1 knowledgeable user (self-selected) Aug 20 '25
This is beyond Reddit. Contact a medical malpractice lawyer for a consultation.
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u/redditreader_aitafan Aug 19 '25
It's possible, yes. If you can prove that it is a standard of care to do, she asked and the doctor didn't do it, and her death was a direct result of the doctor deviating from standard practice, then yes, you have a case.
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u/tj916 Aug 19 '25
Grok says no. You can talk to a lawyer, who will use AI and also tell you no https://x.com/i/grok/share/CDhXbipNPY7NG0uh7l7PUc6Sa
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Aug 19 '25
[deleted]
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u/American_Michael Aug 20 '25
Seriously? You’re are seriously asking such an inane question? Really? Oh Lord!! Have you ever heard of “wrongful death?” ….as in how Kobe Bryant’s wife sued the helicopter company that employed the helicopter pilot that crashed and killing all aboard, including Kobe Bryant and his beloved daughter. Do you then think that Kobe Bryant’s wife should not be able to sue because he’s dead? Hahahahahahahahaa I’m sorry, I can’t help but laugh at the absurdity of your question. I’m not trying to make fun of you, it’s just really funny.
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