Legal Question in Medical Malpractice in California

Kidney Abnormality known by Dr.s for 10 years...did not inform patient

My mother-in-law was hospitalized because of kidney failure after abnormal blood test results were discovered at a routine health check. After being hospitalized, the Dr. told her that the hospital has known that she had one kidney larger than the other since 1994, and she had never been told. Her kidnies are operating at 5% and she is now being put on dialysis, and on a list for a kidney transplant. She also has diabetes and a family history of kidney problems, which should put up red flags, but the hospital/Dr.s with access to her files never took this information they have known about for 10 years to take preventative measures. Does my mother-in-law have grounds to sue the hospital that have had this information on file all this time, especially now that her kidneys are failing her, and she did not know that there were any abnormalities with them? Thank you if you can help.


Asked on 6/29/04, 9:34 pm

3 Answers from Attorneys

Alan Crone Crone & McEvoy, PLC

Re: Kidney Abnormality known by Dr.s for 10 years...did not inform patient

Whether or not your mother in law has a claim depends on a number of factors. Two of the most important ones are:

1. How would knowing this information have helped her?

2. What damage did she suffer because of the lack of disclosure?

3. Is this the type of information that doctors are supposed to tell patients?

Let me know what your thoughts are on these questions. Perhaps I can help.

You may contact me at 1.800.403.7868 or at [email protected]

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Answered on 6/30/04, 11:55 am
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Kidney Abnormality known by Dr.s for 10 years...did not inform patient

Send me her medical records with cronological account of events and I'll review it for free of charge.

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Answered on 7/18/04, 2:08 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Kidney Abnormality known by Dr.s for 10 years...did not inform patient

It is common to have one kidney larger than another. The question is whether she had a treatable condition that was not treated because of negligent medical care. Can't answer that without a thorough review of her records. If you want to have the records reviewed you can contact this office.

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Answered on 7/02/04, 4:10 pm


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