QUESTION

Do we have a claim against the doctor for a misdiagnosis, considering now he has to live without a voice box?

Asked on Sep 28th, 2015 on Personal Injury - Wisconsin
More details to this question:
My husband was diagnosed with bronchitis. We come to find out he really had throat cancer. He went thru 33 radiation treatments and when finished, two different doctors told us the cancer was gone. Two weeks after, we find out the cancer is not gone and because of this he has to have a laryngectomy.
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1 ANSWER

My first question is: with or without the mistaken diagnosis that the cancer was gone, wouldn't he have needed a laryngectomy anyway. In other words, it does not seem that the mistaken conclusion that the cancer was gone served as the direct, proximate, natural, cause of the need for a laryngectomy. However, the bronchitis diagnosis was either mistaken or incomplete. And a failure of diagnosis of cancer can be the basis of a medical malpractice action. Of course, it would take an expert, after reviewing the charts and reports, to say whether the cancer was present at the time of the bronchitis diagnosis, or whether a physician exercised or failed to exercise the appropriate standard of care. I suggest you see a personal injury lawyer with experience in med-mal work, as soon as you can. Statutes of limitation vary from state to state, but they usually require prompt action on the part of the victim. Good Luck.
Answered on Oct 05th, 2015 at 4:50 PM

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