If I went to the doctor and found out that I have a pancreatic mass that had actually been discovered earlier but I was never informed, what is my legal recourse?

They found it on a CT scan 5 months ago when they were scanning me for appendicitis. It was noted on the report but never brought to my attention nor was it followed up on. Now, 5 months later, I am having severe pain in my abdomen and need to have an MRI. My doctor is concerned that the pain is caused by this mass. If something is wrong that could have been prevented, are the doctors liable?

Asked on February 15, 2016 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The doctor(s) or practice which spotted the mass 5 months ago and never brought it to your attention could indeed be liable if you suffer any ill consequences, bad medical outcomes, disability or life impairment, or increased medical costs (over what they would have been had the mass been addressed earlier) which result from the delay, since it would seem to almost be malpractice (professional negligence, or carelessness) to not point a large mass out to a patient.


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