What to do if y mother had a cyst removed without a biopsy being done and then about 2-3 weeks later they did a biopsy and it was small cell lung cancer?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if y mother had a cyst removed without a biopsy being done and then about 2-3 weeks later they did a biopsy and it was small cell lung cancer?

She died within 5 more weeks. I don’t think anyone should be told by a doctor that it’s one thing and then told that she is going to die weeks later. She was mentally devastated along with the rest of us. Isn’t it common to biopsy anything removed that is abnormal? I don’t want another family to have to experience the roller coaster and trauma that it caused. It has been around 4 months since she passed away.

Asked on December 22, 2012 under Malpractice Law, Ohio

Answers:

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

Answered 11 years ago | Contributor

Sorry to hear about your mother.

It would be advisable to get the opinion of an oncologist (cancer specialist) as to when a biopsy is required, and have that doctor review your mother's medical records.

If that doctor writes a report supporting a malpractice claim (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), proceed with your malpractice case.  Prior to filing a lawsuit for negligence, it may be possible to settle the case with your mother's doctor's malpractice insurance carrier.  If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against your mother's doctor.  Your mother's estate would be the plaintiff in the case and the doctor would be the defendant.


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