QUESTION

Can a bulla mass that was left untreated nor removed by veteran doctors for years be grounds for medical neglect?

Asked on Sep 22nd, 2013 on Personal Injury - New York
More details to this question:
My dad was a viet naum vet. He had a bulla mass on his long that the VA doctors told him he had several years ago lead him to believe that if the lung collapses they would pump it up. Can a bulla mass that was left untreated nor removed by veteran doctors for years that caused a veterans death be grounds for medical neglect case against them he passed away December 29th 2012? If so, is there time to file a law case against them?
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5 ANSWERS

Ronald A. Steinberg
Probably not.
Answered on Sep 28th, 2013 at 4:04 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Medical question not legal. Can you prove cause of death? Can you prove negligence? Ask your doctors what they think 2 year statute of limitation in NC.
Answered on Sep 26th, 2013 at 5:25 AM

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James Eugene Hasser
It takes the opinion of a medical expert to answer that question. Medical malpractice lawyers have such experts available to render opinions.
Answered on Sep 26th, 2013 at 2:26 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You would need a doctor to give you an opinion as to whether not treating the mass constitutes medical negligence. Normally, you would need to get a malpractice attorney to help you obtain an opinion from an appropriate doctor. In S.C., you must bring the action within three years of when you had reason to know malpractice might have occurred, or 6 years from the date of the malpractice incident, whichever is earliest. This means it must be brought within 6 years regardless of when you discovered the malpractice.
Answered on Sep 25th, 2013 at 9:44 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice. If it is a "judgment call" by the doctor, there is no malpractice, even if the doctors made the wrong call. Also, there will be questions as to whether the statute of limitations has expired. Other questions are whether the bulla mass caused your father's death and whether any action on the part of the VA doctors would have made any difference. You will need to get copies of ALL of your father's medical records and have a doctor review them. These case are difficult, time-consuming and expensive. They will fight this all the way.
Answered on Sep 25th, 2013 at 9:30 AM

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