Legal Question in Medical Malpractice in Delaware
delayed diagnosis
In 2000, my daughter-in-law, then a 29 year old female, noticed that her neck was enlarged and she could feel a lump there. She was sent to an endocrinolgist for evaluation. He told her that it was a result of the birth control pills that she was taking and that everything was normal and no treatment or follow-up was necessary. She followed his advice for 2 years but then noticed that the symptoms were getting worse. She went to another endocrinologist in 2002 and was diagnosed with stage 3 thyroid cancer. She had surgery for removal of her thyroid gland and has had to have several radiation treatments and has to continuously be monitored with blood tests, scans, x-rays, etc. We feel that if the first endocrinologist had made the proper diagnosis, perhaps the cancer would have been caught at a very early stage.
2 Answers from Attorneys
Re: delayed diagnosis
In order to successfully treat cancer, early detection is the key. If cancer is not diagnosed early, the consequences can be tragic from drastic forms of treatment such as higher dosages of radiation to even more severe consequences. In your case, you may have a malpractice case against the first endocrinologist; if it is determined the standard of care fell below the reasonable and customary standards of care. In other words, should the first endocrinologist early on been able to diagnose the thyroid cancer by following the reasonable standard of care for medical professionals. Examples of potential malpractice include: failing to order proper tests; failing to properly read or evaluate tests results; failing to follow up on test results such as referring the patient to a specialist, failing to order more tests, failing to listen to the patient�s complaints, and even failing to identify obvious physical findings during examination.
Often a �misdiagnosis� can be the failure to diagnose a disease, or a delay in diagnosing a disease that should have been discovered earlier. With today�s cost-cutting measures of health care insurance companies, doctors often fail to take the time to carefully listen to the complaints of a patient. Often this can lead to failing to order proper tests. Also, a physician may have misread test results or failed to refer a patient to a specialist in a timely manner.
I would be happy to set up an appointment for a free evaluation to determine if you have a case. If you are interested, please call my office at 215-557-8686.
Edith Pearce
www.thepearcelawfirm.com
Re: delayed diagnosis
Our firm would be interested in speaking further to you on your matter. We are located in Scranton and our number is 800-346-7401. Ask for Lisa when you call this week if you are interested in following up with our firm. We've handled many medical malpractice cases that involved delayed diagnoses.
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