QUESTION

Fathers primary gave him cough medicine and decongestant for shortness of breath and chest pain and sent him home

Asked on May 14th, 2013 on Medical Malpractice - New Jersey
More details to this question:
A week later he went to emergency room for same symptoms. Chest X-ray was done and baseball sized stage 3 lung cancer was diagnosed. Since then it has progressed to stage 4 and terminal. Do we have a case against primary for not sending him for testing? Misdiagnosis?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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I think you are going to have a difficult time finding an attorney to take the case on because a week delay in diagnosing lung cancer is not going to make a material difference in the outcome. Therefore, even assuming it was a mistake for the doctor not to investigate cancer when your father first complained of shortness of breath and chest pain, the case will fail on proximate cause. Of course, if your dad complained of symptoms consistent with lung cancer prior to this, or had a chest x-ray, that showed lung cancer while under the doctor’s care, that is a different story. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. 
Answered on May 14th, 2013 at 1:53 PM

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