QUESTION

Can I sue the VA Hospital and/or the Dr. who failed to find and treat me for kidney and lung cancer?

Asked on Jul 20th, 2012 on Medical Malpractice - Oregon
More details to this question:
I was going to the VA and saw 2 different doctors for the last 4 months with complaints of extreme pain in my back, excessive weight loss and excessive loss of appetite. I had many many blood tests, colonoscopy they even had me swallow and camera! I have been a smoker for 30+ years which I told them and even after requesting to be tested for some kind of cancer they still did not. I went to the ER at least 5 times, a few of which I was taken by ambulance, with extreme pain, weakness to the point of not being able to walk, passing out and vomiting, when the VA failed to get me in for an appointment.I would call the VA and my Dr. several times a week asking for help, pain meds, to be seen-anything, but they refused to help. After the last hospital visit and after I''d lost 30+pounds and had not been able to eat anything in at least 4 days, the doctor ordered my a cat scan and found the kidney cancer and lung cancer within 3 hours.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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It certainly sounds like the doctors were negligent in failing to do a cancer work-up, although you would expect the blood tests to trigger that kind of follow-up and it is curious that they did not. That aside, you should contact a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. I think the big problem in your case is going to be proximate cause. In layman's terms, to win your case you will have to prove that the four month delay in diagnosis would have changed the outcome. When you were diagnosed with cancer, it was already metastatic, and that suggests you had pretty advanced cancer already. Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway.
Answered on Jul 21st, 2012 at 9:03 PM

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