What would be the appropriate lawsuit to file, medical malpractice or failure to diagnose?

Asked over 1 year ago - Springfield, MA

A family member was under the care of her doctor for arthritis, after a certain period of time and further health deterioration, being treated with Vicodin only, never sent to a specialist, she went to emergency room, where they ordered various tests and found out that she had Lung cancer that had spread to her bones and her brain, she was told she had four weeks to live.

Attorney answers (4)

  1. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . Failure to diagnose cancer is a medical malpractice claim.

  2. Kenneth Lee LaBore


    Contributor Level 15


    Lawyers agree

    Answered . I sorry for the tough situation.

    I am not sure if there would be a case based on the information you have provided. The medical records would need to be reviewed. It would ultimately need to be established that the medical providers failed to act as a reasonable medical provider would have in the same situation.

    You can find an attorney to review the records and determine the merits of the case on AVVO.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  3. Jason Todd Studinski

    Contributor Level 20


    Lawyers agree

    Answered . I am sorry to hear about this situation. Retain a medical malpractice lawyer to help your loved ones review options and investigate further. Failure to diagnose is medical malpractice. You want a lawyer who has experience with failure to diagnose cancer cases. Good luck.

  4. Kevin P. Landry

    Contributor Level 14


    Lawyer agrees

    Answered . They are one and the same. If there is a claim it is a medical malpractice claim. You need to hire a experienced medical malpractice attorney to provide you with an initial review of the claim. Experts (physicians) will have to be retained to determine if malpractice occurred. Feel free to contact my massachusetts offices at 800-200-7752.

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