Legal Question in Medical Malpractice in California

misdiagnosis

My dad went to the doctor in April 07 complaining of bowel problems. He was examined and found a ''lump'' he was referred for a sigmoidoscopy. The sigmoidoscopy found a suspicious walnut sized growth and my dad was then referred for a full colonoscopy. The GI doc did this said he had nothing but a hemmorhoid. So my dad kept having less and less bowel control, lots of pain. Back and forth to his family doc, who finally referred him for another colonoscopy. This is now Oct 07. One doctor attempted the procedure but was unable to insert the cameral so the doctor who did the initial colonoscopy told my dad that he didn't need to come back for ten years. My dad told him he can't take the pain, so the GI doc referred my dad to a surgeon. The surgeon immediately suspected it was a tumor. She did a surgical biopsy and yes it was a tumor. At this point my dad was having to wear depends because of no bowel control. He ended up having a permanant colostomy. This is now Aug 4, 2008. Well his oncologist called at the end of October and said they found spots in his lung that needed to biopsy. Well its the same cancer now in his lung. Its terminal giving him less than a year. What do you think about the two delays in diagnosis?


Asked on 1/03/09, 3:10 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: misdiagnosis

Before an attorney will consider filing a medical malpractice lawsuit, the attorney must send the medical records to a specialist for review. If the specialist believes the doctors' treatment(s) and diagnoses fell below the requisite standard of care, the attorney might take the case. The attorney might first might require you to pay the cost of the pre-litigation review, which could be significant.

I don't think any attorney could or would give you an opinion merely based on the awful facts that you relate, but would want to know more and see the records.

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Answered on 1/05/09, 3:13 pm


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