QUESTION

Do we have a case against a dr. who ignored rising levels in blood tests indicative of a malignant kidney tumor, telling the pt. not to worry about it

Asked on Dec 19th, 2011 on Medical Malpractice - Colorado
More details to this question:
Blood tests continually showed rising levels of C-reactive protein and sedimentation rate, going ignored by the rheumatologist. When my father would ask him about it, the doctor would say don''t worry about it. The last time the doctor was asked about it, he deleted it off the computer and said, see, it''s gone, now you don''t have to worry about it. My father decided then to see a new doctor. After getting back two blood tests, the new doctor saw the rising levels, saw they had been rising for the last 3 years, and sent him for 3 CT scans which showed a 12 cm malignant tumor in the kidney. They kidney now has to be removed and the tumor may be too large to take out laparoscopically. My father is 82. Due to comments made to him by his initial doctor about his age, our contention is the blood tests purposely went ignored because of the doctor''s attitude toward treating the elderly. Early diagnosis & treatment could have possibly saved the kidney or high-risk surgery.
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1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record. The first step in determining the strength of your father's claim would be to have his medical records reviewed by a medical expert in the same are of specialization - in his case it would be a rheumatologist. If the expert concludes it was below the standard of care for the treating rheumatologist to ignore the results of the blood analysis, then the basis for a medical malpractice claim is established.  But the next question to be answered is whether earlier action by the treating physicians would have provided your father with better options than those he now faces.  You would probably need a renal cancer expert to answer that question. However, even if negligence can be established, I am uncertain that it would still be in your father's best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is strong liability and catastrophic permanent injuries warrant the risk of litigating the claim.  To fairly evaluate the damages your father has suffered would probably require the opinion of the renal expert. Please keep in mind that there is a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply.  Good luck.
Answered on Dec 21st, 2011 at 4:25 PM

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