Woman Who Had Unnecessary Mastectomy Gets $198K

A woman who underwent a double mastectomy and later discovered she didn't have breast cancer was set to receive $198,000 under a settlement approved Tuesday by the Los Angeles County Board of Supervisors.

Ana Jimenez-Salgado had her breasts surgically removed at Los Angeles County-USC Medical Center after two outside pathologists determined the cells obtained from an August 2007 biopsy were cancerous.

She later underwent reconstructive surgery. The hospital's pathologists examined tissue obtained during that procedure and concluded she did not have breast cancer.

Instead, she was suffering from "a benign condition with features that are very similar to cancerous cells," according to county documents.

Jimenez-Salgado filed a medical malpractice lawsuit, alleging the hospital was negligent in relying on the interpretation of the outside pathologists. She also claimed the breast reconstruction surgery was negligently performed.

The county acknowledged it failed to review the biopsy specimens, resulting in the unnecessary mastectomy.

The hospital has revised its policies to ensure that in-house pathologists review biopsy specimens obtained from outside facilities. It has also stopped sending patients to outside facilities for MRI directed biopsies.

In approving the settlement, the county supervisors also agreed to pay $24,756 of Jimenez-Salgado's medical bills not covered by Medi-Cal, the state's version of the federal Medicaid program that provides coverage for poor people.

An after-hours call seeking comment from Jimenez-Salgado's attorney wasn't immediately returned.

[CatherineLParsons]

The same thing happened to me...and no attorney would take my case. I think she should get a million for each breast and another million for pain, suffering, and the anguish...I was only 43 years old. I lost everything during the year after...career, fiance (btw: he left for another woman the day before my dbl mastectomy), even my dog died. I would sure like to talk to an attorney about retolling the statute although by the time I found out the first two years had past...spent the next two years after I found out (statute re-tolls) trying to find an attorney. Even the doctor who told me refused to confirm this in writing because he didn't want to get austrasized by other doctors...so...no case. And here I sit wondering what happened to my life? And, yes, AHCCCS paid for this! Why? Because the surgeon appealled their denial so she could make lots of money at my expense. Get nothing? Well, that's basically what you get...and implants are uncomfortable, ugly, and numb. I've been celibate ever since; pointed at, ridiculed...because people think I had a "boob job" for vanity! Not! I was misdiagnosed and in fear from when I was told about this until I gave in and allowed the surgery because I thought I would die from breast cancer if I didn't!!! And I was working...now I'm not because of what happened to me; thank you "working people" for having to pay for this needless surgery! I now know I will never die of breast cancer...maybe loneliness, depression, inability to lift, plus my all time low-low self esteem! People shouldn't mock people for surviving a travesty; but guess what? They do. No one understands. Thank you.

[imthaid]

Oh the working people paid for this operation? In that case she should get NOTHING!

[CatherineLParsons]

Well, nothing is pretty much all that is left! A whole lot of nothing.
Peace.