QUESTION
Grandmother misdiagnosed by family doctor
Asked on Sep 25th, 2014 on Medical Malpractice - Florida
More details to this question:
A few weeks ago, my grandmother was having difficulty breathing, so she she scheduled an appointment with her family doctor in which she was diagnosed with having a common flu/ virus. She was given some typical antibiotics. A few days later she she was not progressing, and was immediately sent to the hospital. The doctors at the hospital found out she had lung cancer, and they were not able to save her due to her body being so fragile, and already extremely weakened. What are my options for getting together a lawsuit for my grandmother being misdiagnosed by her family doctor?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
ZERO. In order to prosecute such a case you would have to be the personal representative of her estate as appointed by the court and her will. Second, unless lung cancer could be corrected or cured within the few days between misdiagnosis and proper diagnosis, there are no damages that are likely to be recovered. Simply having a misdiagnosis without damages is not enough for a medical malpractice case.If you are appointed PR, then you will need to gather all of her medical records and then retain a local lawyer that handles med mal cases to review the file. This may entail hiring a medical expert for this purpose also as an expense to the estate. If you have further questions, please call our office at 1-800-922-6442 for a FREE consultation.
Answered on Sep 29th, 2014 at 11:14 AM
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