Mistaken mastectomy victim sues
Geoffrey Blain
Issue date: 3/9/10 Section: Health
A woman who was told she had cancer, only to find out after undergoing a mastectomy that she did not, is suing the hospital and the surgeon for a combined $2.2 million in damages.
Laurie Johnston, of Windsor, ON, is suing Hôtel-Dieu Grace Hospital and the operating surgeon Dr. Barbara Heartwell, as well as another Windsor hospital, Leamington District Memorial Hospital.
Johnston has a history of breast cancer in her family so when Heartwell gave her the diagnosis during the summer of 2009 she understood the severity.
"I know cancer can kill," Johnston told CBC. "For that reason, I go regularly for mammograms."
A pre-surgery pathology report showed that Johnston didn't have cancer, however Heartwell missed it, and performed the mastectomy the following November.
Two weeks later, it was Heartwell who informed Johnston that she had never had breast cancer.
The incident has created a media firestorm at the Hôtel-Dieu Grace Hospital. Heartwell has voluntarily stopped performing surgeries and now thousands of pathology reports are being investigated at three hospitals in southwestern Ontario. Three of the countries top doctors have been assigned by the Ontario government to assist with the investigation.
The College of Physicians and Surgeons of Ontario and the hospital have also initiated their own individual investigations.
The investigations were launched after it was revealed that more cases of mistaken pathology reports may exist.
Ginny Hillis, another patient of Heartwell's in 1995, defied doctor's orders and got a second opinion for what Heartwell diagnosed as breast cancer. The other doctor determined that it wasn't breast cancer at all; however, suggested Hillis seek a third opinion. Ultimately, Hillis did not have breast cancer.
"I think the mistake that she made was in telling me I didn't need a second opinion," Hillis was quoted as saying. "I felt I was entitled to a second opinion and we disagreed and I had to take my own steps. That was an additional stress. It was very difficult."
Laurie Johnston, of Windsor, ON, is suing Hôtel-Dieu Grace Hospital and the operating surgeon Dr. Barbara Heartwell, as well as another Windsor hospital, Leamington District Memorial Hospital.
Johnston has a history of breast cancer in her family so when Heartwell gave her the diagnosis during the summer of 2009 she understood the severity.
"I know cancer can kill," Johnston told CBC. "For that reason, I go regularly for mammograms."
A pre-surgery pathology report showed that Johnston didn't have cancer, however Heartwell missed it, and performed the mastectomy the following November.
Two weeks later, it was Heartwell who informed Johnston that she had never had breast cancer.
The incident has created a media firestorm at the Hôtel-Dieu Grace Hospital. Heartwell has voluntarily stopped performing surgeries and now thousands of pathology reports are being investigated at three hospitals in southwestern Ontario. Three of the countries top doctors have been assigned by the Ontario government to assist with the investigation.
The College of Physicians and Surgeons of Ontario and the hospital have also initiated their own individual investigations.
The investigations were launched after it was revealed that more cases of mistaken pathology reports may exist.
Ginny Hillis, another patient of Heartwell's in 1995, defied doctor's orders and got a second opinion for what Heartwell diagnosed as breast cancer. The other doctor determined that it wasn't breast cancer at all; however, suggested Hillis seek a third opinion. Ultimately, Hillis did not have breast cancer.
"I think the mistake that she made was in telling me I didn't need a second opinion," Hillis was quoted as saying. "I felt I was entitled to a second opinion and we disagreed and I had to take my own steps. That was an additional stress. It was very difficult."

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