What is my legal recourse for an undiagnosed tomor that is now untreatable?

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What is my legal recourse for an undiagnosed tomor that is now untreatable?

My 1st PET scan was 3 months ago. Cancer was found and treated in my pelvic region. Also found a shadow in lungs but failed to report this to us at the time. During 2nd PET scan they found tumor in lungs, which was there as a shadow seen in the first PET scan. It is now incurable and inoperable. Does there failure to report the tumor initially constitute a mistake on their part? Should I speak with a medical malpractice attorney?

Asked on July 13, 2011 under Malpractice Law, California

Answers:

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

Answered 10 years ago | Contributor

Sorry to hear about your illness.

It would be advisable to speak with a medical malpractice attorney.

In order to prove medical malpractice, you will need to prove negligence on the part of the doctor in not detecting and informing you of lung cancer after the first PET scan.  Negligence is based on the failure to exercise due care (that degree of care that in this case a reasonable physician in the same community would have exercised under the same or similar circumstances).  Negligence requires proving duty of care, breach of duty (failure to diagnose and inform you of the tumor after the first PET scan), actual cause, proximate cause, damages.

Actual cause means but for the doctor failing to inform you of the tumor after the first PET scan, would the tumor have become incurable and inoperable?  If the answer is no which appears to be the case, actual cause has been established.  Proximate cause means were there any unforeseeable intervening events which would relieve the doctor of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of compensation you are seeking in your lawsuit.  Compensation would include the medical bills and pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills which given your terrible situation should be substantial.


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