Legal Question in Medical Malpractice in Florida

Medical Malpractice

My son had a persistent cough, one of the first signs of lung cancer. He was treated with anti-biotics for 6 weeks. 6 months from his first visit with his doctors he was diagnosed with stage 3 A lung cancer.

Below is his time line I wonder about malpractice in his diagnosis.

encounter with Doctor was 12/6/2006 in which he figured I had a sinus infection which was dripping into the back of my throat making me cough. For 6 weeks after I took an antibiotic which didn't work. Went back to him 3/3/07, had a chest xray which was found to be negative. Blood tests done on 3/7 which didn't show anything abnormal. Went back on 3/14/07 for a CT scan of my head which showed severe sinusitis. On 3/23/07 went back to doctor who says nothing wrong, it's just going to go away on it's own. Another CT scan had been ordered by the doctor but denied by insurance and their reasoning was that I needed to see an ENT prior to another CT scan. That's when the doctor sent me for an ENT. FIRST encounter with another Dr. for the (ENT) was on May 3rd. He couldn't find anything wrong, even though I showed him an enlarged lymphnode on the right side of my neck. His words were that I had the same on the left side no worries. It is now May. my


Asked on 12/21/07, 2:01 pm

3 Answers from Attorneys
Philip DeBerard Accident Law Offices of Philip DeBerard

Re: Medical Malpractice

i do not see what your sons permanent damages are?

thank you

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Answered on 12/21/07, 2:06 pm
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Medical Malpractice

We would be pleased to discuss this very unfortunate event directly with you. Please feel free to contact my office at 312--357--1431.

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Answered on 12/21/07, 2:25 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Medical Malpractice

Delayed diagnosis of cancer cases are extremely difficult. Perhaps one of the most difficult type of medical malpractice cases to pursue. GENERALLY, a delay of less than 6 months is insufficient to show that the extra time was legally significant -- which, for purposes of a suit must be such that had it been "caught ine time" the patient more likely than not would have survived, but that now, AS A RESULT OF THE DELAY, the patient is more likely than not going to die. It is a very tough causation standard.

These are tough cases and you need to speak to a lawyer who has experience in handling these types of cases. An e-mail response is insufficient to say whether you do or do not have a case to pursue.

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Answered on 12/21/07, 3:17 pm


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