Postby mpbser » Mon May 01, 2017 6:28 am
rp1954, I totally agree but the problem is that I simply do not have the time either for the second opinion referrals from my oncologist or to go a different route. I didn't have insurance until just about ten days ago and had not seem a primary care doctor except once (self pay) after discharge from the hospital April 1st. She would likely be the one to arrange the testing my oncologist refuses to do. As I said in another comment, between narrowing down the specific pre-surgery tests (I think it was Thursday?) there is just one week before surgery. I work today, am in the hospital doing a nuclear stress test tomorrow then have to go back to work right away, back to hospital and work Wednesday, and then work and surgery prep Thursday. It's very frustrating having these tests go undone plus not having a team in which I have a ton of confidence.
I do think my surgeon has been great so far... but there have been a couple of red flags. 1) He prescribed Celebrex 2x/day on the day before surgery. This is the last of the selective COX-2 inhibitors on the market. There is a class action (actually more than one class action) lawsuit(s) against it similar to the Vioxx case. My wife questioned its use at our meeting with the surgeon's nurse (along with other things she has been involved in as an attorney including a class action lawsuit against Bair Hugger, a post-surgery wrap that contributes to sepsis). 2) When talking about my CT scan on Friday, he dismissed the lesions and cysts on my right kidney by referencing their size as nothing to worry about. Ironically I had just read a journal article that stated size of kidney lesions and cysts is irrelevant to malignancy. While, yes, more commonly CC would metasticize (sp?) first to the liver, there have been cases of left hemi CC metasticizing to the right kidney without liver involvement. Strange, but true.
I would really appreciate it if people would stop it with the obnoxious comments, e.g. "Seems you've gotten plenty of attention here. Enough of the sniveling already..." and "...fool." Being called a fool yesterday during all this was incredibly rude, I couldn't believe it. But the wonderfully helpful comments from others will keep me around for now (sorry, peanut).
I want to just clear up something that I rushed off yesterday re: "Telling someone [me in particular] that he/she [I] must do [chemo, whatever, insert treatment name here] or else my disease will 'inevitably' progress is offering medical advice."
There isn't as much of a fine line as one might think. Here is my non-attorney interpretation of what my wife explained to me:
In the legal field, a lawyer fields questions from potential clients all the time. If the lawyer wants to mitigate risks of the PC thinking there is an attorney-client relationship and then acting in reliance on whatever the lawyer says at that stage, the lawyer must take care to be clear that whatever she says does not create such a relationship or the impression that such a relationship exists. Why? The PC could potentially act (do something that disposes of a legal issue and affects the legal rights of the PC) upon the "advice" and, if the results are adverse, complain to the Bar that the lawyer violated ethical rules ("Rules of Professional Conduct" in her state) protecting clients.
My wife constantly receives calls from PCs wanting [free] advice. Because of the above, she never gives it until an attorney-client relationship is formed. If anything, she will provide a general opinion and suggestions about where to get further information, etc.
Similar principles guide the rules of unauthorized practice of law. (without getting into the tricky issues of multi- and cross-jurisdictional issues of licensed attorneys, a related subject) A non-lawyer cannot engage in the practice of law (unless expressly allowed by statute, which is very rare [wife is actually an expert on this]) anywhere in the US. What constitutes the practice of law? In her state, it's defined as:
[D]irecting and managing the enforcement of legal claims and the establishment of the legal rights of others, where it is necessary to form and to act upon opinions as to what those rights are and as to the legal methods which must be adopted to enforce them, the practice of giving or furnishing legal advice as to such rights and methods and the practice, as an occupation, of drafting documents by which such rights are created, modified, surrendered or secured...
Ok, so what on earth does this have to do with unauthorized practice of medicine? It is highly likely that if the legal terms used above are swapped with medical terms, then the results will match state law and regulations regarding medical practice. Here is a cut and paste of the above, substituting medical terminology for the legal terminology:
In the medical field, a doctor fields questions from potential patients all the time. If the doctor wants to mitigate risks of the PP thinking there is a doctor-patient relationship and then acting in reliance on whatever the doctor says at that stage, the doctor must take care to be clear that whatever she says does not create such a relationship or the impression that such a relationship exists. Why? The PP could potentially act (do something that treats and affects the health of the PP) upon the "advice" and, if the results are adverse, complain to the [State regulatory board] that the doctor violated ethical rules protecting patients.
My doctor constantly receives calls from PPs wanting [free] advice. Because of the above, she never gives it until a doctor-patient relationship is formed. If anything, she will provide a general opinion and suggestions about testing, education, information, etc.
Similar principles guide the rules of unauthorized practice of medicine. (without getting into the tricky issues of multi- and cross-jurisdictional issues of licensed doctors, a related subject) A non-doctor cannot engage in the practice of medicine (unless expressly allowed by statute, which is very rare [wife is actually an expert on this]) anywhere in the US. What constitutes the practice of medicine? ...it's defined as:
[D]irecting and managing the medical diagnosis, treatment, and prognosis and the establishment of the health of others, where it is necessary to form and to act upon opinions as to what appropriate diagnosis, treatment, and prognosis are and as to the medical methods which must be adopted to affect them, the practice of giving or furnishing medical advice as to such diagnosis, treatment, and prognosis and the practice, as an occupation, of treating the health of patients by which such health affects are created, modified, surrendered or secured...
So, in sum (excuse the repetition) -- Pasting anecdotes from forums and links to articles regarding natural cancer treatments, i.e. giving information and providing education, is not offering diagnosis, treatment, and prognosis or advising someone to do something that will affect one's health. (The parallel would actually be to "legal advocacy," education that is not considered practice of law.) Nor is informing someone of this or that test or diagnostic technique especially in the context of explaining "this is what I did." Nothing I have written, or most everyone else for that matter (as I said there has only been a handful but it's probably more like a few), constitutes the provision of medical advice.
Wife 4/17 Dx age 45
5/17 LAR
Adenocarcinoma
low grade
1st primary T3 N2b M1a
Stage IVA
8/17 Sub-total colectomy
2nd primary 5.5 cm T1 N0
9 of 96 nodes
CEA: < 2.9
MSS
Lynch no; KRAS wild
Immunohistochemsistry Normal
Fall 2017 FOLFOX shrank the 1 met in liver
1/18 Liver left hepatectomy seg 4
5/18 CT clear
12/18 MRI 1 liver met
3/7/19 Resection & HAI
4/1/19 Folfiri & FUDR
5/13/19 HAI pump catheter dislodge, nearly bled to death
6-7 '19 5FU 4 cycles
NED