Knowing they missed this is this considered malpractice

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Knowing they missed this is this considered malpractice

My mother just had a lump removed from her breast that was canserous, they also removed limpnotes. Prior to this the testing of nuclear imaginging pointed out for the doctors what had to be removed. She went to doctors today to see if radiation was going to be necessary to kill any existing cells. When she got there they said that they found also in their testing in the milk ducts that need to come out. Now she has to be cut open again. Is this considered malpractice knowing they missed this

Asked on May 19, 2017 under Malpractice Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Missing a diagnosis *may* be malpractice, but is not automatically so. Malpractice is essentially "medical negligence," or unreasonable carelessness; so if a reasonable doctor *should* have seen the other condition but did not, then the failure to spot it may be malpractice. But if given the test results, symptoms, etc. it would have been reasonable to have missed it at first (basically, the average competent doctor could have missed it), there is no malpractice. 
A good first step in evaluating whether this could be malpractice would be to see if you can get a second opinion from another doctor as to whether this should or should not have been spotted the first time. If you don't know or can't find a doctor to do this, speak to a malpractice attorney: he or she should be able to refer you to one.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption