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Do you believe we have a legitimate " failure to diagnose " case ?

Dallas, TX |

My wife went to three doctors over the course of 3 months. Each did numerous test. None found a tumor that was just below the surface of her stomach and could be easily felt with their hand. Later she went to another doctor whom found the tumor. She had surgery and the (5 lb) tumor along with her right kidney & adrenal gland were removed. She has been told that she will die, the cancer has spread to her liver and her lungs.

Attorney Answers 5


  1. Best answer

    Yes. From the facts above it sounds like you have a vaild claim. Gather together all of the medical records and consult with a medical malpractice attorney to evaluate the best path forward. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. I would most definitely consult a medical malpractice attorney who specializes in cancer misdiagnosis.


  3. Very likely. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. For those reading this question about misdiagnosis of cancer in my states, my website has important information regarding this topic.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  4. First, I hope and pray that what your wife has been told is wrong and that she will recover fully and live a long and happy life.

    In failure to diagnose cancer cases, frequently the stickiest issue is that of causation, that is, whether or not and to what extent the delay in diagnosis altered the outcome. In medical malpractice wrongful death cases, Texas law does not recognize a cause of action for a lost chance of survival. It requires the plaintiff to prove that, but for the defendant's negligence, the patient would, more likely than not, have survived his or her illness.

    The above said, I agree with all of the other responding lawyers that you may well have a legitimate, meritorious case. I suggest that you consult a Dallas plaintiffs' lawyer who is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. A link to the Board's website appears below.

    Good luck.

    www.tbls.olrg


  5. If you don't hear from anyone within a few days let me know. There are a number of medmal lawyers that I can put you in touch with. Good luck and sorry to hear this happened to your spouse.

    Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers.

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