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What am I missing to file a medical malpractice case?

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?

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

Attorney Answers 4

Posted

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.

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Asker

Posted

Thank you!

Asker

Posted

Well, removing the tumor did not cause any damage. In fact, he got better right away. His speech got better right after he was conscious because before that his speech was slurred. Also, he started moving his fingers and toes the first day. He is still recovering but slowly. So if he didn't have the stroke it is possible that no damage would have happened to him.

Posted

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 complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.

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Asker

Posted

Thank you for both replies! My brother is recovering from surgery. He is going through radiation therapy and chemo. In fact after the surgery he got much better he can move his right now and can walk with a walker. But he doesn't have his sense of taste and touch back. The doctor who performed the surgery removed around 99% of the tumor. We do have the MRI images the first one shows the tumor clearly.

Posted

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.

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Posted

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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Asker

Posted

The MRI images shows the tumor clearly.

Asker

Posted

After I called the doctors office for the images he then looked at the MRI and saw the tumor. Then he called us and said that he needs to see my brother immediately. He didnt know that he already had a stroke and had gone through surgery. Because the day before his surgery I called the office for the MRI images but didnt get a hold of the doctor because it was after business hours. However, the operator whom I spoke with must have told him because I did say its a serious situation and I must get the records soon.

Josh P Tolin

Josh P Tolin

Posted

You need to get to an Arizona attorney asap

Asker

Posted

We contacted to lawyers, but both of them said they cant take our case. We are still looking.

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