QUESTION
If doctor failed to diagnose cutaneous t cell lymphoma for nearly 6 years of treatment, do I have a malpractice case?
Asked on Dec 13th, 2013 on Personal Injury - Nevada
More details to this question:
My daughter started getting rashes/hive like lesions on skin about the age of 12. We brought her to a dermatologist. After nearly 6 years of treatment, the dermatologist told us she had a "funky immune system" and kept giving her various creams and steroids and even a few biopsies. None ever got rid of the rashes, they returned and were always very mysterious. They would flatten, get scaly red and sometimes itch. From what I read on the internet, these are typical signs of cutaneous t cell lymphoma. How could this doctor have misdiagnosed this all of these years? Flash forward to my daughter going to a new dermatologist because our insurance changed. From her first visit, the new derm suspected t cell lymphoma and performed necessary tests to confirm. She was put on methotrexate and began having breathing issues. After a chest x ray, she turned out to have a 10 pound tumor in her chest, tumors in her pelvis and neck as well. Eventually she had a stem cell transplant which she developed an infection after. That turned to pneumonia and ARDS and she finally passed away from multi organ failure. I can't help but think the first dermatologist was extremely negligent in his treatment (or lack thereof) in my daughter. From the ages of 12 to 18 he told us she had a "funky immune system" that was his official diagnosis. Would you say this is a legitimate malpractice case?
12 ANSWERS
Edwin K. Niles
In order to proceed in Cal., it is necessary to first have a written opinion from another doctor. You're asking the wrong person. Seriously, have a conference with a lawyer who handles malpractice cases.
Answered on Dec 16th, 2013 at 5:07 PM
James Eugene Hasser
It takes a medical expert to answer that question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Dec 16th, 2013 at 4:42 PM
I am sorry for your loss. You need to speak to several attorneys in your area who handle malpractice cases. Most do not! They can much better tell you during the initial free 20 minute or so session whether you have a case and if they are interested in handling it. In California there are limits on how much in emotional distress can be collected ($250,000) which make some cases uneconomical to handle. You also must file suit within two years of the discovery of the malpractice or date of last improper treatment.
Answered on Dec 16th, 2013 at 4:26 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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I think you may have a possible claim.
Answered on Dec 16th, 2013 at 4:07 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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On the surface, this sounds like malpractice. However, you will need an expert medical witness to verify that the standard of care was not met. There may be other issues such as your daughter's age when she died; the date when you discovered the misdiagnosis; the state where this happened; whether the outcome would have been different had the first dermatologist properly diagnosed the problem and the like.
Answered on Dec 16th, 2013 at 4:07 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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In Louisiana, one has one year from the date one knew or should have known malpractice was committed, but no more than three years from the date of the actual malpractice. Based on the information you've given, you may have waited too long if the treatment was performed in Louisiana. However, I'd recommend speaking with an attorney immediately to look at the details more closely.
Answered on Dec 16th, 2013 at 4:06 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like a failure to diagnose big time but you must prove it with medical testimony. Will your new dermatologist testify for you?
Answered on Dec 16th, 2013 at 4:06 PM
Car Accidents Attorney serving Warwick, RI
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Jules J. D'Alessandro Law, Inc.
My condolences, that is a terrible, terrible story. It is so very unfortunate that you have had to endure this. I believe that you should look into this matter with a medical malpractice attorney. A failure to diagnose like all medical malpractice claims are very complicated and dependent upon expert witness review and opinion. In the state of RI there are time limits on when you have to sue. This is known as the statute of limitations. In a medical malpractice case it is three (3) years from the date that you became aware of or in the exercise of reasonable care should have become aware of the act of malpractice. Under the facts that you presented I believe that would be the date that the new dermatologist confirmed the existence of the t cell lymphoma. We can certainly help you with this case and would appreciate the opportunity to review the medical records to determine if you have a malpractice claim.
Answered on Dec 16th, 2013 at 3:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Failure to diagnose can be a basis for a malpractice action. In your situation there are two important elements that will need to be addressed: First, was the failure to diagnose a departure from acceptable standards of care? It may be that the symptoms that the first dr saw were consistent with what he/she was diagnosing and prescribing. Or, it may be that he/she should have known of the true condition or at least should have tested for it. Second, if the first dr had diagnosed correctly, would better treatment options have been available? Some conditions are not treatable or cureable. For both questions, you will need to have an expert witness examine all of the medical records and render an opinion. Malpractice cases are difficult, expensive and time consuming, but some are worth pursuing. Contact an experienced medical malpractice lawyer in your area.
Answered on Dec 16th, 2013 at 3:18 PM
4 Awards
Please accept my condolences on your loss. How absolutely horrific! Based on the information provided, it would appear that there is a malpractice case and I suggest that you contact an attorney immediately to pursue this physician. The attorney will need copies of all medical records from both dermatologists and an autopsy report if one was performed.
Answered on Dec 16th, 2013 at 3:18 PM
Advocacy Attorney serving Boca Raton, FL
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Steven H. Meyer, P.A.
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I'm very sorry to hear about your daughter. It's possible that there may be a malpractice case. These cases have very short time limits in which they must be filed in court. You should contact an attorney right away who specializes in cases of this type. Most lawyers don't handle malpractice cases.
Answered on Dec 16th, 2013 at 3:17 PM
Yes, it sounds like malpractice if you can prove it.
Answered on Dec 16th, 2013 at 3:17 PM