Legal Question in Medical Malpractice in California

Late diagnosis

I felt something strange in my breast. When I went to my ob/gyn she said she didn't feel anything and wait until our next appt or call her if it seems to change. I had to go see her 6 months later as it had gotten larger and more dense. Now I've just had a lumpectomy and lymphectomy on my breast because it was cancer. I belong to Kaiser. Should she have acted upon this immediately?


Asked on 3/05/08, 2:41 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Late diagnosis

Maybe, maybe not. If the cancer did not progress beyond stage 1 you probably don't have a case worth pursuing, but you are probably cured. I hope so.

If it advanced to stage 2 or more, you should have the case reviewed.

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Answered on 3/24/08, 9:38 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Late diagnosis

As per Mr. Roth, he has given you a superb answer.

I also wish you best of luck, since I am in the same spot you are, but it looks like I am alright with early detection.

I share your anxiety and wish you a prompt recovery, whether or not Kaiser was correct.

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Answered on 3/24/08, 9:52 pm


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