QUESTION
Is it considered medical malpractice if my father was diagnosed with muscle inflammation when he really had metastatic disease?
Asked on Dec 20th, 2013 on Medical Malpractice - California
More details to this question:
My father was experiencing severe pain in his whole body. In August, he visited an ER were he was diagnosed with muscle inflammation. He was prescribed muscle relaxers & given orders to see his primary physician. My father did not have insurance so the follow up was not made. In early October after still experiencing severe pain we took him to a low-income clinic were again the diagnosis was muscle inflammation. Both facilities took xrays of his chest. I might add that this clinic also denied him low income insurance because he stated that he worked & made $500 a month in the month of June which is way below the income limits. My mom paid cash for these visits/xrays. In late October, he visited another ER room because he had broke his arm (pathological fracture from the tumor). This hospital took xrays of his arm & ordered further tests as the cancer was evident in the xray of just his arm. He was finally diagnosed in late October with metastatic disease. He passed away in early Dec.
1 ANSWER
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Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.
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. Then, 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. 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. 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.
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Answered on Dec 21st, 2013 at 1:37 PM