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

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. 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 information. For this reason it is not a substitute for a formal consultation with an attorney in your jurisdiction who has been retained and has been provided all of the relevant information. The author of the related question is strongly encouraged to obtain such a formal consultation prior to making any final decision about how or if to proceed with a legal matter. As there are time deadlines that apply to all legal actions, the question's author is encouraged to seek such consultation as soon as practicable.


  2. 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.


  3. 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.


  4. 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. 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.