Legal Question in Medical Malpractice in California

wrongful death case

Just a short time ago today I was inquiring about this case . my wife was diagnosed with ductal carcinoma in situ , high nuclear grade, within 3mm of posterior margin. Although the cancer was addendumly diagnosed as invasive with estrogen and proestrogen receptor positive, the first surgeon and the first pathology report stated non evasive and said nothing in regards to the receptor positives. they never did any post surgery preventative treatment. no chemo, radiation, or no ADJUVANT HORMONAL THERAPY. Which both the pathologist and the ''new'' doctor (oncologist) said ''that she was not treated properly they ''dropped the ball'' and said ''should've been on arimidex this whole time, hoped it was not mestastisized at all yet , but still went ahead and then started her on Arimidex'' ( which is a adjuvent therapy drug). which is administered in receptor positive patients for a minimim of 5 years post surgery. The stastistics show that she had at the very least a 52% chance to survival. The survival rate for breast cancer is quite amazing, especially if cancer is still confined to the breast only. As was my wifes.


Asked on 6/11/07, 4:47 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: wrongful death case

I'm very sorry your wife passed away. Now hang up from the Internet and call a lawyer at once.

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Answered on 6/11/07, 5:09 pm
Terry A. Nelson Nelson & Lawless

Re: wrongful death case

You have my sympathies; I've spent the last three years helping my wife survive essentially the same condition, with proper treatment. If your question is, is there a medical malpractice case here; the answer is, yes, if those doctors saying 'they dropped the ball', are willing to go beyond that and say that the failure to treat properly was at least a substantial factor in her death. This is a tough situation, because you and I can speculate all we like that delay caused harm, but medical opinion is the only thing that counts in a malpractice case. Please contact me to discuss how we can go about getting the answers necessary to have and prove a case.

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Answered on 6/11/07, 6:13 pm


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