QUESTION

Do I have a medical malpractice lawsuit?

Asked on Mar 14th, 2016 on Medical Malpractice - Virginia
More details to this question:
My husband died in July 2014 of lung cancer. He has been going to this primary care doctor for years. His doctor never diagnosis him for lung cancer or treated him. Do I have a lawsuit?
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1 ANSWER

Automobile Accidents Attorney serving Hampton, VA at Hampton Injury Law
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Your time for having the case reviewed is limited and will expire two years from the date of his death. Only a review of the records by a medical expert can determine if there is a case. The issue will be whether there were symptoms present at the time of an examination that should have alerted a reasonable physician to refer him to a specialist. If so, the next issue will be whether there was treatment available at that point that would probably have prevented the cancer from becoming terminal. His age, physical condition, health habits (smoker v. non-smoker, regular physicals, etc.) will all be factors that will affect the viability of the case. There are also cost issues involved in pursuing the claim due to the necessity of expert testimony. Cancer cases are difficult because certain types of cancer are more aggressive and spread faster than others. The doctor is not responsible for causing the cancer; only for reasonable treatment of it (if any). I am deeply sorry for your loss and hope that you can find some closure. However, a lawsuit is not always the best option.
Answered on Mar 16th, 2016 at 11:03 AM

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