What can I do about possible malpractice that resulted in a death?

My wife passed away from bladder year. She saw her doctor several times with a complaint of urinary tract pain and pain in her abdomen. After being treated for a yeast infection and UTI, she was finally referred to a urologist. By the time she was referred and properly diagnosed, she was stage 3. This after several months of seeing her general practitioner. It has always bothered me that maybe this cancer should have been caught sooner. If so, then my wife may still be alive. I am not interested in money. I lost the most important person in my life after 32 years of marriage. I have to know if her symptoms were properly diagnosed and if she should have been referred out sooner.

Asked on February 17, 2013 under Malpractice Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Sorry to hear about your wife.

It would be advisable to discuss with your wife's urologist whether or not there is a viable case of medical malpractice against the general practitioner.  Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

If the urologist writes a report supporting a malpractice claim against the general practitioner, proceed with your medical malpractice case.  Prior to filing a lawsuit for negligence/wrongful death against the general practitioner, it may be possible to settle the case with the general practitioner's malpractice insurance carrier.  If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the malpractice insurance carrier, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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