QUESTION
My mom was told that her cancer was in remission, but it wasnt.
Asked on Feb 27th, 2016 on Medical Malpractice - Florida
More details to this question:
In 2014 my mom was diagnosed with breast cancer. She was told that since her cancer was in the earliest stage if she underwent surgery and proper therapy, then the chances of her cancer spreading or returning would be very slim. She had surgery and completed her treatment and was told that her cancer was in remission. In February of 2016, my mom went to the ER complaining of back and hip pain. A few days after being admitted she was told that she had a blood infection and that she had progressive bone cancer which spread all over her body, despite being told by her oncologist that she was cancer-free two months prior. My mom died on February 16. She was following up with a cancer specialist every three months and was told for almost two years that she was clear .
1 ANSWER
Medical Malpractice Attorney serving Palm Harbor, FL
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Morgenstern & Herd, LLC
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First, let me say that I am very sorry for your loss. And because this is so recent for you, please know that I do not intend in any way to minimize your loss. Ultimately you would be looking to bring a wrongful death claim. In order to do this, the representative of the estate will need to show that the failure to further investigate and treat your mom back in 2014 time frame contributed substantially to causing her passing. This means that you likely need an autopsy to prove what the medical cause of her passing was. Without this type of information the defense can suggest any number of factors because it is the claimants burden to prove. In addition, causation experts will be needed to prove that had the care been given earlier that the outcome could have been prevented, (making the autopsy more important).
I hope that this information helps.
Answered on Mar 10th, 2016 at 5:40 AM