Legal Question in Medical Malpractice in California

mother passed away from breast cancer

after my mother's death in 3/07, i obtained all her medical records, pathology report& pet scan in2/06 say metastic. she had 6 chemo. health declined from 6 /06 until death , admitted several times to hospital & many er visits & doc. visits , told she no longer had cancer ,that she was depressed and sent to psychiatrist, and was told she was fine health wise but needed professional treatment for depression and she died two weeks later of metastic breast cancer spread to her lungs and stomach. i feel doctors failed in her care by ignoring her repeated health complaints , is this a negligence case or any other type of case at all?


Asked on 7/07/07, 5:41 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: mother passed away from breast cancer

Sorry, but neither my opinion, nor yours, matters, because they can't be used at trial in a malpractice case. You must have the opinion of a specialist doctor in that field, willing to say she was harmed because the standard of care was deficient, or she was misdiagnosed, etc. Since you have the records, you are ready to consult with a specialist for that purpose. Feel free to contact me to discuss the facts and procedures, I'll be happy to help you sort this out.

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Answered on 7/09/07, 2:33 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: mother passed away from breast cancer

Sorry for you loss.

There may were well be a misdiagnosis here. It is hard to tell without reviewing the records.

If you would like to know definitively, you would need to get the records to a lawyer who handles med-mal cases, such as myself, for a review. I do not charge for evaluation and am capable of giving initial opinion without expert review. However, occasionally expert review becomes necessary and I ask that potential clients either pay that cost or have it reviewed using their sources.

Let me know if I can help. 323*782*0099

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Answered on 7/07/07, 1:55 pm


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