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Do I have grounds for failure to diagnose?

Chicago, IL |

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?

All of these doctors are part of the same practice. Ive seen two of them yearly for annual exams. They also treated the anxiety and depression with anti-depressents. Even when i stated i thought the anxiety and depression was a symptom. I was also diagnosed post biopsy as having hashimoto's disease. Also which went undiagnosed. I will have to undergo radiation because the cancer spread so far into so many lymph nodes and on my vocal chords.

Attorney Answers 5


  1. Best answer

    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.

    Click on name or picture to see profile page.


  2. 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!


  3. 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.

    This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. Mr. Hendrickson can be contacted via his website at www.hendricksonlaw.com.


  4. 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

    This answer is provided for informational and advertising purpose and is intended not to be construed as legal advice. Further, please note that this practitioner is licensed in the State of Illinois and only answers questions involving incidents and the law of that jurisdiction.


  5. 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.

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