It is difficult to tell you whether the first radiologists failure to find the tumor was negligent. Generally speaking that is a question that an attorney can only answer after he has the films reviewed by an expert.
A single lung tumor ordinarily would not cause a sudden death like that. At the same time, if endocarditis is not diagnosed it will always lead to death. I have successfully prosecuted cases against physicians for failure to diagnose endocarditis. I'll give you a link to a description of one case below.
If the true cause of death was endocarditis then you might have a medical malpractice case. Endocarditis is a difficult diagnosis to make, but if your sister had the hallmark signs of the disease and the physicians missed it she and the lung cancer was curable, the case might be worth prosecuting. A big issue is going to be whether the cancer would have left her with such a short life expectancy to cause the case to become financially nonviable. If your sister had a single tumor that had not metastasized then she could have had the lung cancer surgically removed, which would have left her with a better prognosis.
I've left some links below that discuss (a) the issue of financial viability and (b) what you can expect from filing a malpractice case.
You should contact a local malpractice attorney and run the facts by him.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here for an article discussing an endocarditis case I prosecuted.
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 Web: www.starrgern.com
Answered on Jun 09th, 2012 at 10:38 AM