What am I missing to file a medical malpractice case?

Asked over 1 year ago - El Mirage, AZ

My brother saw a neurologist for his headaches. He was ordered to get an MRI of his head which he did. The result of the MRI was sent to the doctors office the next day. But the doctor never informed us of the results. 41 one days later from the date of the MRI my brother had a sudden bleeding stroke which left his right side paralyzed and affected his speech. He was taken to the hospital nearby by ambulance. From there he was taken by helicopter to another hospital since no one could treat him there. The next day at the second hospital they did another MRI of his head that showed brain tumor around 2.5 cm in size which he was operated on the next day. We tried to file a law suit against the doctor who didn't inform us of the results but none of the lawyers are taking the case why?

Additional information

My brother is slowly recovering now but he cannot feel his right side.

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Could be a difficult case to prove, thus, I would recommend that you offer to pay the lawyers' up-front costs so they won't be out-of-pocket investigating this claim.

  2. Jason Todd Studinski

    Contributor Level 20

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    Lawyers agree

    1

    Answered . I cannot speak for the other lawyers who turned down this case. Medical malpractice cases are expensive, time consuming, and usually very difficult. I can see several issue with the case. One issue is whther the doctor's failure to see the tumor initially was a substantial factor in causing your brother's ultimate injuries. In other words, the doctor's lawyer will probably argue that the tumor was there. Removing the tumor was going to cause damage, even if the doctor caught it 41 days earlier.

    This is just one of the difficulties.

    With that said, I urge you to continue to try to find a lawyer to help you. This sounds like a terrible situation and I encourage you not to give up. Good luck.

  3. Anne Marie Breslin

    Contributor Level 11

    3

    Lawyers agree

    1

    Answered . I'm very sorry for your loss.

    I agree with the other response. It's expensive to prove a medical malpractice case, and despite what doctors would like you to believe, they win most cases that have to go to trial. Did you get both MRI films? You might get them both and engage the services of an expert radiologist to review them for you - you can find an expert witness/radiologist online. Perhaps if you do some of the leg work yourself, you can position it for a successful litigation - or at least obtain the answers that you and your family need about whether your brother's death could have been avoided.

    Why did it take 41 day to provide the MRI results? At the very least, you should consider reporting this to the Board of Medical Examiners.

    This response does not constitute legal advice and does not create an attorney-client relationship. Due to the... more
  4. Josh P Tolin

    Contributor Level 19

    Answered . No one can speculate why the attorneys turned the case down. Without knowing what the first MRI showed that is one issue. if it were positive for some problem, that would make it a better case. Then you have a 41 delay before the brain bleed. The only way to know whether you have a case is to have records and imaging studies reviewed. Stroke cases can be difficult. Just not informing you of results, may be bad or poor practice, but unless the first MRI showed a problem, it may not have showed anything in which it is very difficult to link up headaches 40 plus days earlier with a stroke.

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