Do I have grounds for failure to diagnose?

I was diagnosed with advanced thyroid cancer recently after going to four drs over 5 years who dismissed my complaints as weight related. Anxiety, depression, severe sweating, inability to lose weight. Weight gain. Etc... Because of their delay in diagnosing, my cancer continued to spread, and I had a much more complex surgery. Can those doctors be held accountable?

Chicago, IL -

Attorney Answers (5)

Christian K. Lassen II

Christian K. Lassen II

Medical Malpractice Attorney - Philadelphia, PA
Answered

It sounds like you may have a failure to diagnose cancer case. Contact a medical malpractice lawyer ASAP and have them order the medical records and get an expert to review.

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Daniel G. Galivan

Daniel G. Galivan

Personal Injury Lawyer - Clarendon Hills, IL
Answered

Failure to diagnose, under circumstances where the failure constitutes a breach of the standard of care, is a recognized claim for medical malpractice. Such cases are complex and expensive to litigate (for the attorney), so you'll want to consult with lawyers who specialize in this field. If you require a referral for a free consultation, I would gladly provide one for you. Do not delay in seeking the consultation. A doctor's certificate of merit must accompany any medical malpractice suit filed. That takes time and statute of limitations expires two years after the negligence was discovered, or should have been dicovered. This too may be an issue in your case.

Terrence Marc Rubino

Terrence Marc Rubino

Personal Injury Lawyer - Dyer, IN
Answered

attorney lassen's response was correct. you may in fact have a failure to diagnose case. however you need to contact an illinois med mal lawyer as it is a highly specialized area and do so asap. although we practice in illinois, we do not do med mal.. i highly recommend john kralovec 312 782 2525; jon remijas 312 726 5250 or possibly dan vinovich 219 924 2427 ( we refer all of our indiana med mal inquiries to dan as he is in indiana but i think he may also do illinois but i am unsure of that. good luck!

Todd Nathan Hendrickson

Todd Nathan Hendrickson

Medical Malpractice Attorney - Saint Louis, MO
Answered

I would definitely have your case reviewed by a qualified, experienced medical malpractice attorney in Chicago. Failure to diagnose cases involving cancer are some of the more complex medical malpractice claims often involving difficult issues of proof regarding the difference in medical treatment and outcome depending on the date of diagnosis.

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Stephen Laurence Hoffman

Stephen Laurence Hoffman

Medical Malpractice Attorney - Chicago, IL
Answered

Perhaps.
I would contact a medical malpractice lawyer in your area. He or she will want to review the medical records to determine if any signs were missed.

If the records reveal a possible case, the records must then be reviewed by a physician. If he or she believes malpractice was committed, a case can then be filed (although it does not equate with a victory) and you may pursue damages.

I would be happy to discuss your options.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com

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