Knowing they missed this is this considered malpractice

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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 3 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.


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