QUESTION

Has the statue of limitations expired?

Asked on Jul 15th, 2015 on Medical Malpractice - Illinois
More details to this question:
In March of 2011 I had an ultra sound done, because I was having pain under my chest bone. My doctor called me and said he thought I had liver cancer. Then he told me to get a cat-scan. So I did. He then told me it wasn't cancer, but something else. I don't remember what he said, I was just so happy and relieved that it wasn't cancer. Then in April of 2013 I was diagnosed with stage 4 colon liver cancer. So do I have a case?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. If the CT scan was of the abdoment and pelvis, you may have a case worth investigating. If it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case further, 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.  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 for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. ‘ Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. 
Answered on Jul 16th, 2015 at 6:53 AM

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