My wife 42yr old health woman was diagosed with 4th stage metistetic breast cancer shortly after surgery. Should that not have been seen?
This is a medical question not a legal question, that needs to be posed to a proper specialized medical doctor. It's a legal and factual issue that, if there is malpractice, if the potential amount of recovery warrants a lawsuit based on the caps on damages.
Unfortunately if this was so advanced it is unlikely that any short delay in treatment impacted the outcome. Confer with local counsel to see if there is any possible basis to sue.
I agree with my colleague, you are posing a medical question and not a legal one. In such an advanced malignancy, the delay may be legally immaterial.
Dr. Zaheer A. Shah, MD, JD (Attorney and Physician): The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona and he is a board certified, Ivy League trained, practicing physician. Nothing posted on this forum by the author constitutes legal advice. Additionally, any medical opinions rendered on this forum in response to a particular question do not constitute medical advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential. While an effort is made to offer accurate information, there is no guarantee as to accuracy.
A delay in diagnosis of cancer can certainly be an actionable claim. If for example, the malignancy was seen on a mammogram years prior and had it been caught then, and treated, the result would have been different - i.e. no diagnosis of stage 4 breast cancer, then yes, she would have a viable claim for malpractice. She should order her ObGyn and mammography records going back 10 years. I notice however, that she is 42 which may mean she either never had a mammogram before, or she has had only a couple over the last 2 or 3 years. Get the films and have them looked at by a radiologist or oncologist and find out if the cancer could have been detected/diagnosed earlier.
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