If a doctor lies to you about the effectiveness of a treatment, is that malpractice?

Asked about 1 year ago - Palm Desert, CA

My mom has stage 3 lung cancer. Her oncologist right away was pushing for chemo. Mom said no. She is taking radiation treatment. In the 2nd week of treatment, the chemo doc said it was not working and she needed chemo NOW. Afraid of this news, we mentioned it to the radiation doctor and said why are we continuing if it is not working. The radiation doc asked " who told you this". We explained. we then went to her office, she called the oncologist who lied to us and she tore him a new A-hole. YEA doctor! At 2 weeks, it is too early to make that call, AND not his place to say is what the radiation doc told us. I am now moving her to San Diego Sharp. Is this fraud? Malpractice? Scare tactics? she would be dead i believe had he succeeded. She has a heart condition and infection. NO CHEM

Attorney answers (3)

  1. Adrienne Patricia Allen

    Contributor Level 15

    3

    Lawyers agree

    Answered . For a medical malpracice claim one needs to have damages. Your mom did not go with his recommendation and so suffered no damage a result of anything the oncologist recommended. But even if she did and got the chemo and suffered more damage as a result, it would be a very difficult case to prove. The oncologist is entitled to his opinion and to recommed a common treatment for cancer.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  2. Joseph Jonathan Brophy

    Contributor Level 19

    4

    Lawyers agree

    Answered . The oncologist wasn't lying, he was expressing his opinion. Most likely he wanted to help, but was going about it the wrong way. Your Mom made her choice and it is entitled to be respected. Giving advice in a heavy-handed way is not malpractice. Since your Mom did not take the advice, no harm done.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  3. Chris Matthew Limberopoulos

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I don't see either negligence or damages.

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