Legal Question in Medical Malpractice in California

Cancer tumor missed by doctor
My mom had a complete laryngectomee.Over past 2 years she had problems swallowing & breathing with a sore throat. Her GP sent her to a ENT spec. On 3/11/01 she had a scope placed down her throat to check vocal cords & was told she did not have cancer & her vocal cords looked fine. Over the summer she continued to get sicker, her GP then sent her to a Pulmonary Spec to check her lungs, he determined that she needed a bronchial scope. This was in 11/01. He found a HUGE cancer tumor in her throat. The ENT spec was called in (partner of original ENT spec) & operated to remove the tumor along with her voice box, she now has a permanent tracheotomy. She is unable to return to retirement living & she cannot go to assisted living because of the tracheotomy (state law will not permit). Medicare or private insurance will not pay for convalescent hosp, she does not need nursing care. I asked her GP if it is possible that the tumor could have formed 3/01 to 11/01, he said no, he believes it was missed in Mar. She(nor I)can afford to pay for the convalescent hosp & she is living with me. Do I have recourse on the doctor that missed the tumor in Mar when it may have been treated with Radiation & not have had to have a complete laryngectomee?

Asked on 1/16/02, 11:07 pm

2 Answers from Attorneys

Joseph Low IV Joseph Hawkins Low IV & Associates

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Re: Cancer tumor missed by doctor

Yes, I do believe that you have a case. First we would have to prove that the tumor could not have grown from 0 to the removal size in the period of time that passed from when it was last checked until the time it was removed.

Then we would have to prove that the doctor who missed it fell below the standard of care. This is an exacting legal perspective that would have to be handled by the right doctor expert. In order to resolve this question we would have to provide a copy of the medical files to my experts and have them review the file.

I use to be a cancer researcher and in my experience, I have not seen a tumor grow this fast. It is quite possible that the doctor missed it. If this is the situation, I believe you have a case.

Your mother is going to need money in order to provide for her future care. This can be devastating to the family left with trying to provide for this care.

You will need to see if you can get a copy of her medical records if you have not already done so. Once you or your attorney has received what is the REAL and accurate records the proper investigation can be conducted.

If you have any questions please feel free to call my toll free number.

Answered on 1/17/02, 3:51 pm

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