Looking for a lawyer to take on hospital not sure what kind of lawyer i need. wifes late stage cancer should have been noticed.

Asked almost 2 years ago - Seattle, WA

my wife has passesd away 1 month ago from stage four cancer. had major symptoms always at the doctor labs showed abnormal results we believed the cancer should have been detected sooner, possibly giving her the chance to treat before spreading i believe the medical records will show neglect on clinics behalf. im really intrested in pressing the issue against those responsible for not catching this cancer before it was to late please direct me in the right direction.

Attorney answers (3)

  1. Erik Francis Ladenburg

    Contributor Level 10

    3

    Lawyers agree

    Answered . I am really sorry to hear about your loss.

    You should contact an attorney experienced medical malpractice to have your case reviewed. Your wife's medical records will need to be reviewed by an expert to determine if the tretment was below the standard of care (i.e. if they should have caught the cancer sooner) and if the delay in treatment caused her further damage. Many times in cases like this the outcome would have been the same even if the cancer was caught sooner. It is important to have the case reviewed by an expert so you should call an attorney soon.

  2. Robert Daniel Kelly

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Medical malpractice cases in the great State of Washington are governed by statutes. RCW 7.70. (http://apps.leg.wa.gov/RCW/default.aspx?cite=7.70). The main question is usually whether the health care provider failed to follow the accepted standard of care in the field. RCW 7.70.030. There can also be causes of action for health care providers making promises they didn't fulfil, or acting without the informed consent of the patient.
    These cases are extremely difficult and require the testimony of an expert witness. Miller V. Jacoby, 102 Wn. App. 256 (2000). (You can read relevant cases at the MRSC website.) Doctors are trained to work cooperatively (unlike lawyers who are trained to be adversarial), so doctors are often reluctant to testify against each other. Doctors who are willing to testify as expert witness usually charge significant quantities of money to do so, and often must be flown in from out of State.
    Some law firms who are really good at medical malpractice cases in Washington State include the following: Chris Otorowski (http://www.medilaw.com/); Chemnick, Moen, Greenstreet (http://cmglaw.com/); and Fuller & Fuller (http://www.fullerlaw.com/).
    Only a small percentage of victims of medical malpractice make a claim, and of those that do, only about 20% ever get any money to compensate them. Nonetheless, sometimes justice requires assigning responsibility where it is due.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more
  3. Daniel Joseph Miller

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I would agree with my colleague and add that you will need to show more likely than not the outcome would have been different, so an expert should be able to review the records and let you know.

    The response herein is for informational purposes only is not legal advice and does not create an attorney/client... more

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