You did not indicate what type of cancer you have. In cancer cases, you need a long enough delay ( at least 6 months) to generally have a chance that the treatment and/or chance of survival is appreciably different. Call Geoffrey Fieger"s office. Another option is to find someone in Michigan in avvo. Good luck, and I hope you are able to find someone to assist you.
Everyone thinks that lawyers are "afraid" to take certain cases. I don't think that's generally true. Lawyers don't want to take cases on contingency that they think are likely to lose. That's the real issue.
The main questions in a failure-to-diagnose-cancer case are (1) would the average doctor practicing in the field your doctor was practicing (internist? family practitioner?) have diagnosed your cancer at the time, given the symptoms with which you were presenting? and (2) even if the cancer had been properly diagnosed earlier, would it have made a difference to the outcome? Unless you have an expert physician willing to say, to a reasonable degree of medical certainty, that the average doctor practicing in the field would have diagnosed the cancer at the time your old doctor missed it, and that but for that earlier diagnosis, the result would have come out better for you, you don't (as a general principle of law) have an actionable medical malpractice claim.
Consult a lawyer in your region if you want to pursue this. Bear in mind these claims are very expensive to litigate, because they turn on the testimony of expert physicians who charge hundreds of dollars per hour. Only the most severe damage is worth litigating, and only then when your expert is unequivocal that your first doctor really dropped the ball and that dropping the ball made a big difference in your outcome.
Not legal advice as I don't practice law in Michigan. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds Michigan licensure. That's not me as I practice in Vermont ONLY.
I agree with the previous posters, particularly my colleague who stressed the difference between being "afraid" to take a case and being smart enough not to take on what is likely to be a losing case without being paid up-front. In Michigan, the proverbial hurdles standing in the way of prevailing on such a claim are tall and numerous. That said, there aren't enough facts in your post upon which to base an opinion with respect to the likelihood of your claim being successful. If you're going to contact an attorney regarding this matter, I suggest that you do it soon, as the period during which you can file a claim is limited. I hope this helps, and I wish you luck. Take care.
My discussion with you regarding the question you posted on Avvo does not create an attorney-client relationship, nor is my response to your question to be considered legal advice. While I do my best to provide helpful responses given the factual scenario presented, proper analysis of any matter requires a more in-depth conversation than what is practical on Avvo. If you are a member of the military, or if an immediate family member of yours lost his or her life while fighting for our country, I am proud to offer a 10% discount on my fee.
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