What are my rights if I had cancer that went undiagnosed?

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What are my rights if I had cancer that went undiagnosed?

I have not been to a doctor since my last child 13 years ago. I was having a lot of women problems bleeding veary heavey and a lot of pain in my left side. I found a women doctor and went threw the whole yearly exam. I told her my problems. She did a pap test in her office, held the swab up and told me that I had an yeast infection. She then gave me a pill and told me to make an appointment for next year However, 2 months later I passed out in the shower and went to the hospital.The ER doctor told me that my blood count was very low and that I needed a blood transfusion. Ge did an internal exam on me and called in a gynecologist, who also did an internal exam. When he told me that I had 4th stage cervical cancer.

Asked on April 9, 2013 under Malpractice Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Speak with a malpractice attorney to evaluate whether you have a case, how strong it is, and what it might be worth. Malpractice is not whenever a doctor misses diagnoses; it's when a doctor is careless or otherwise does not provide medical care rising to currently accepted standards. Therefore, depending on whether the average, reasonably well-trained doctor would have found the cancer, given the symptoms you described and the tests normally run for those symptoms, will determine whether it is malpractice or not.


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