You may have a cause of action, but minimal if anything. In Illinois, it all comes down to permanency, and if anything resulted as a regular of the malpractice. He breached the standard of care, but to file suit, you would need a little more. Contact a local malpractice attorney in your area to further discuss.
Misdiagnosis can lead to a claim if damages resulted from the misdiagnosis. As such, if you didn't suffer significant damages from the delay in removing the tumor you wouldn't have a claim.
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You have a technical claim however from the facts, you have no damages since the tumor would have been removed anyway. You did not indicate that you suffered from any distress from the mis-diagnosis and you stated that the tumor was benign. Had the tumor caused some other physical problems other than the short duration of additional pain, you might have a claim for damages however they would be minimal.
The cost of prosecuting a medical malpractice case is extensive and in Arizona would require the use of one or more experts just to prove the that their was negligence. From the facts, I doubt you would be able to locate a good qualified medical malpractice attorney willing to advance the tens of thousands of dollars necessary to prove up your claim for a short period of pain.
Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.
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