If I was misdiagnosed with rheumatoid arthritis, treated with an RA med and now have bone cancer, would I be able to file a lawsuit against my doctor?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I was misdiagnosed with rheumatoid arthritis, treated with an RA med and now have bone cancer, would I be able to file a lawsuit against my doctor?
Asked on August 9, 2013 under Malpractice Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Among other things, you have to show a causal link between what you claim was the malpractice--in this case, the misdiagnosis and giving you the RA medicine--and the inury or harm: the bone cancer. That is, you would have to be able to show that this RA medicine caused your cancer; you would need to show this by the standard or proof in a civil case, or preponderance of the evidence (that it is more likely than not that the medicine caused the cancer). If there is evidence (such as scientific studies) showing this medicine can cause this type of cancer, you may have a viable case; but without evidence of a link to cancer, you most likely do not.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.