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Is it possible to find malpractice lawyer to take negligence case in death of 88 year old in Albany, NY?

Albany, NY |
Filed under: Medical malpractice

My Dad was cared for by VA doctors. Spot noted on lung over 2 years ago on routine X-ray in ER. Then they said it was nothing. At 86, bladder cancer discovered. Surgery performed with followup radiation ad went into remission. All that time he had a cough and I kept asking PC doc to follow up. He said it was a sinus problem. About 5 months ago he was losing weight, still coughing and extremely fatigued. Also trouble swallowing. That spelled lung cancer to me. I begged for CT scan of chest and throat. My brother told the urologist that his sister wanted a CT scan done. He said,"She WANTS a CT scan? She WANTS it? I am not ordering that.". Subsequently told that spot had been found at time of bladder cancer and PC doc not informed. Then they say PET scan was done. No followup don

Attorney Answers 4


  1. I edited your question's practice area so that it will appear under the medical malpractice category instead of criminal defense which seems not to apply..

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com


  2. Med mal cases are extremely fact-intensive (meaning it is almost impossible for an attorney to judge the merits of your case based on the 6 or 7 lines worth of information provided). But you have a few things going against you:

    (1) VA hospital - If med mal cases weren't complicated enough: suing the federal government comes with a whole new set of challenges and immunity/damage caps issues.

    (2) Your father, being 88 years old, according to any mortuary table is probably very close to his life expectancy. I hope he lives much longer...but when calculating damages, future medical care is a signficant issue. Limited lifespans lower the value of a case like this. Medical malpractice cases are notoriously expensive cases to bring...the potential damages have to far exceed the costs of bringing such a claim.

    But please consult with a medical malpractice attorney licensed to practice in New York. As I said before, I couldn't possibly fully appreciate the full picture of the facts surrounding your father's potential case based on the limited information provided.

    Good luck to you.


  3. This post is in the criminal law section. You should re-post in the medical malpractice section where there is probably a better chance of getting an accurate answer. Sorry for your issue and hope you find an attorney that you feel comfortable with. Good luck.

    I have been a criminal defense attorney in New York for over 20 years. Feel free to view my website at Brooklynlaw.net or contact me either by phone at 718-208-6094 or via email at howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.


  4. These are difficult cases and require an experienced medical malpractice attorney.

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