Legal Question in Medical Malpractice in California

failure of diagnosis even thought we provide information about the disease

In March 97, we accidentally learned about a rare infant cancer in retina which the symptoms well matched my 10-month-old son. We went for a doctor visit providing the infomation. However, the doctor told us we were too nervous/panic, my son didn't have that kind of cancer. 4 month later, my son was diagonsed having that cancer. By that time, one of the eye already blind and the other one only has partial vision. Currently, one of the eye has been removed and under Chemotherapy in CHLA.

Can any one of you tell me that the doctor we went see should hold some reposibity of delay of the treatment. If we started the treatment 4 month earlier, my son's vision should be much better ?


Asked on 12/29/97, 8:46 pm

1 Answer from Attorneys

C. Wes Pittman Pittman and Perry, P.A.

retinal cancer in infant - medical malpractice

If the doctor did not meet an acceptable level of care in diagnosis by failing to make a diagnosis which should have been made in view of the signs and symptoms your child exhibited at the time of the examination, malpractice may well have occurred. The next question, and one that may be more difficult to answer, is: What are the damages, if any, as a result of the malpractice? If you obtain a lawyer to represent you and your child, the lawyer will have to consult one or more specialists dealing with this type cancer to find out whether the delay made any significant difference in the outcome. Sometimes it does, and sometimes it doesn't depending on the type of cancer. If the result would have been significantly better if the diagnosis had been made and the correct treatment promptly rendered, it will probably be a case that should be pursued in court. One further thought, beware of statutes of limitatons which are typically very short in medical malpractice cases when compared to other types of cases. I cannot express an opinion about when the statute of limitations might run and, thus, bar your case from court since I do not have all the facts. Do contact a lawyer as soon as possible.

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Answered on 1/05/98, 12:47 pm


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