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A Doctor diagnosed that I had an internal hemorrhoid, when in fact it was cancer. Do I have a case against this Doctor?

Dawsonville, GA |

On 6/21/12 I saw a Specialist because I had bleeding from the rectum. This Doctor examined me and said I had an internal hemorrhoid and that "it wasn't life threatening". He prescribed a hydrocort suppository. On 7/24/12 I called this Doctor back and said the medication was not working and he prescribed a hydrocortisone cream. Well, this didn't work either. I was in the middle of the busy season at work and since "it was not life threatening" I let it go until the end of September. I called this Doctor back for the third time and he recommended I see someone else. I saw another Doctor on 10/3/12 and he immediately told me it was cancer. After a biopsy it turned out to be stage 3B cancer. If detected back in June, I would have had a better diagnoses and better chance of beating it

Attorney Answers 5


  1. Sorry to hear about your unfortunate situation. Failure to timely diagnose cancer cases are difficult cases. Contact a local medical malpractice attorney ASAP to review your records.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. Your doctor may have failed to treat you under the applicable standard of
    care. Please contact my office to discuss this matter further.

    Regards,

    Aaron Marks
    404-939-1485
    --
    Aaron Marks, Esq.
    The Marks Law Group, LLC
    103 W. Dearborn Circle
    Decatur, GA 30030
    www.markslawgroup.com
    aaron@ markslawgroup.com
    404-939-1485 (ph)
    404-581-5902 (fx)

    --
    ATTORNEY-CLIENT PRIVILEGED; DO NOT FORWARD OR DISCLOSE WITHOUT EXPRESS
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    communication, including attachments, cannot be used to avoid penalties
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    tax advice.
    >

    ATTORNEY-CLIENT PRIVILEGED; DO NOT FORWARD OR DISCLOSE WITHOUT EXPRESS PERMISSION. Communications from attorneys and their employees are confidential and may not be forwarded or disclosed without the sender's express permission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Further, anything you believe to be tax advice in this communication, including attachments, cannot be used to avoid penalties under the Internal Revenue Code, nor does it promote, market, or recommend any transaction or tax-related matter. The Marks Law Group does not give tax advice.


  3. Contact my colleague.


  4. I agree with the responding attorneys. You should contact an experienced local Medical Malpractice to review the pertinent medical records of your case. I hope you found my answer helpful.


  5. It sounds like the doctor might not have complied with the standard of care and malpracticed depending on the type of doctor he is and the kind of cancer you were diagnosed with. The next question would be whether or not the delay in diagnosis decreased your chances of beating this particular type of cancer and what kind of harm you have suffered because of the misdiagnosis. I would be happy to speak with you about your case. Feel free to give me a call at your convenience.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

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