What are the legal ramifications of medical negligence that resulted in death by cancer?

The time limit for a wrongful death claim is two years from the date of death. Do you still have time?

You need to have the medical records analyzed ASAP by a medical malpractice lawyer who will be able to tell you if there is a viable case of medical malpractice present. The statute of limitations for such a case is 2 years measured from the date of your mother's death but do not waitact as soon as you can.

My first reaction is concern about the statute of limitations running which would keep you from making a claim. If that has not occurred then you need an expert to testify what should have been done and the expectations had these actions been taken. There are many factors that must be considered before bringing a medical malpractice suit, not the least of which is the costs involved. You need to consult an experienced trial lawyer who has been involved in medical malpractice cases.

Whether you have a malpractice claim is one thing, but your threshold issue to overcome is the statute of limitations given that this appears to be more than 2 years after the alleged wrongdoing.

You did not give dates but your main problem may be statute of limitations. It is 2 years in death cases. Assuming you don't have that problem you must have a medical doctor say this is malpractice,. Problem is: we all have cancer all the time. The immune system deals with it. when a cancerous tissue is removed there is always a likelihood it will manifest itself again, usually within 2 years. Whether there was a mistake in your case is a medical question that only a doctor with the right credentials (oncologist) can answer.

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. From what you describe, it would certainly seem that accepted practice was not followed, however expert witness opinion would be required. The next requirement is the "but for", meaning that, had the doctor done the follow-ups, ordered the tests, etc. that the result would have been different. Again, it is entirely possible that such could be proven, given that they believed that they had gotten all of the cancer, they would have been looking for it, and getting a hold on early recurrance can prevent it from spreading. Finally, there is the question of damages, including whether or not she had dependents and/or a spouse and pain & suffering. Here's what to do: (1) Get yourself appointed as the administrator of her estate (2) Round up ALL of her medical records (3) Meet with an experienced medical malpractice lawyer in your area. The statute of limitations is 2 1/2 years from the last date of treatment (could be an extension on account of death) so get it done before it's too late.

The first thing you could do is check with your mother's oncologist to see if the earlier diagnosis would have made a significant difference. In Florida, we have a legal test that an expert has to render the opinion that if the deviation from the standard of care would not have occurred, "more likely than not" the bad result (in this case death) would not have occurred (>50%). Florida has done away with the "loss of a chance" theory years ago, and you have to prove that your mother more likely than not would have survived if the doctor met the standard of care. Additionally, in Florida, in medical malpractice cases there is a limitation on who can collect in a medical malpractice case. If you are under the age of 25, you're considered a survivor, but if you're 25 or older, you have no right to collect. Only spouses and surviving "children", with "children" defined as being under the age of 25, have the right to bring a claim. Go see a lawyer who holds himself or herself out as handling medical malpractice cases.

Answer: I'm sorry to hear about your mother dying. My father died from the ravages of lung cancer when I was a teen. So I can empathize with your anger. But, you have to ask yourself if a doctor really needed to tell a patient with a diagnosis of cancer that they need regular checkups? What do you think? I also have to wonder about a second opinion. If I had cancer I would not need a doctor to suggest to me that I could get a second opinion. I would just know. These are the issues that a jury would struggle with and that any suit based on negligence would need to overcome. I would think such a suit would be difficult, expensive and risky. I would not take on such a case and suspect that my analysis would be the same for most trial lawyers with experience. While I empathize with your feelings this may be the time to move on from your anger with the medical community. Your mother died, but frankly I can't blame it on the doctors; at least not from what you've stated.

It strains credulity to allege her doctors did not tell her she would need followups the rest of her life. The quick return probably means the doctors would convince a jury that they did all they could against a stage IV cancer.