Is it considered negligence on a hospitals part if I am notified almost 6 months later re: a test that shows a problem?

Asked over 1 year ago - Blairstown, NJ

I was in the hospital for a kidney stone on Sept 30th 2012. I just recieved a letter dated 2/27/13 stating i needed to contact the emergency room re a test performed, which was a ct scan i had done to see if i did indeed have a stone. The letter was not postmarked until 3/13/2013 and i phisically recieved the letter on 3/18/13 in the mail. I immediately called the emergency room and was told I had a tumor possibly a fibriod tumor on my right ovary and my left ovary was extremely enlarged and abnormal and to make an appt immediately with an obgyn. The dr. on duty could not give me anymore info then that. The letter also stated the hospital tried to call me but i never once recieved a phone call or any contact up to this point.

Attorney answers (5)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . The delayed diagnosis may have made the condition worse, so have a malpractice lawyer order your medical records to send to an expert to review.

  2. James E. Girards

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    Contributor Level 14

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    Answered . The most important information you need is whether there was any harm that came to you as a result of this delay. So, I suggest you get whatever healthcare is necessary in order to figure that part out. After you know the answer then you will be in a better position to seek details on the nature of the delay and who may be responsible for that.

    This response does not create an attorney-client relationship and is provided after receipt of very limited... more
  3. Josh P Tolin

    Contributor Level 19

    6

    Lawyers agree

    Answered . You may have a case, but as Jim said, the delay had to have caused you some type of harm in terms of additional treatment, or if it had been diagnosed earlier, how the tumor could have been treated differently, if at all. You need to have an experienced medical negligence lawyer look into this for you. Delays in transmitting abnormal results are a big area of malpractice, but you still have to have sufficient damages in which to pursue.

  4. Patrick X Amoresano

    Pro

    Contributor Level 13

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    Lawyers agree

    Answered . New Jersey Medical Malpractice - Ovarian Cancer - Delayed Diagnosis - by Patrick Amoresano: You've described a disturbing scenario that certainly implies medical negligence due to delayed diagnosis, which may very well have caused you to lose the opportunity for a better treatment outcome. What have you done about seeking medical advice since getting the letter on March 18 ? This is one of many questions better answered during a telephone consultation.

  5. David B Pittman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you can prove that the delay in obtaining the test results resulted in significant damages to you, you may have a case for malpractice. I would get a free consultation for an attorney to seek what legal remedies may be available to you.

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