Was my brother neglected when he was told he is totally unfounded got sent home from work then was diagnosed with stage 4 cancer?

If your brother had medical examinations every year, and they failed to detect cancer until now, the doctors who conducted examinations should be sued for malpractice. Because of many factors, the lawsuit should be brought as soon as possible. Even if providing for the family he will leave behind is not a concern, consider the fact that the extent of care he would be able to receive can be very different because of this lawsuit. In any event, do not go beyond 89 days (starting the Saturday when his cancer was discovered) without consulting an attorney: if a municipal hospital is involved, a notice of claim must be filed within 90 days from the date when the claim arose.

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.

YOU HAVE MEDICAL QUESTIONS, NOT LEGAL QUESTIONS. IF YOU HAVE QUESTIONS YOU MUST GET THE MANS ENTIRE CHART AND LET A COMPETENT DOCTOR REVIEW IT.

I am indeed sorry for your problems, but I do not see a legal question being asked.

If he did not receive any injury from the mistake, he is not entitled to recover. Perhaps if it had been discovered earlier, something could have been done. So it may be that the earlier doctors who performed the physicals were negligent. A local medical malpractice attorney can help you sort this out.

There would need to be a complete investigation in order to come up with an answer. The real question is: what medical information did anyone have prior to that x-ray? You state that he had "a complete physical each year" (or at least that he was supposed to). Was this done by his primary care physician, or a company doctor? How "complete" did this physical need to be for CDL purposes? Did the doctor actually do the exam, or just check off the boxes on the paperwork? If you want to follow up on this, you will need to get all of his medical records over the past several years and have them reviewed by a doctor to see if there were any indications that would have merited sending your brother for further tests.

If you are asking whether malpractice occurred, it will take the opinion of the medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.