Legal Question in Medical Malpractice in Georgia

my dad went to his primary doctor and was diagnosed at least 3 times with pneumonia, then a month or so later he went to the er coughing up blood and the doctor there said it wasnt pneumonia he had lung cancer and it was stage 4 after his tests...he passed in august 2010...do me and my sister have grounds to for a suit. we know of one other person that we think he misdiagnosed for the same health problem..lung cancer...your advice would be greatly appreciated..thank you


Asked on 1/07/11, 4:38 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A misdiagnosis is not necessarily malpractice. What is malpractice is if the standard of care deviated from what is an acceptable norm or minimum. So your first step is to IMMEDIATELY see a lawyer (your delay of several months is a problem, as memories fade and records take time to get). In other words, see someone THIS week.

If a review of the records indicates it may be malpractice, then a lawyer has to determine if an earlier diagnosis would have changed the outcome. A one month delay in diagnosis could mean that it would not have, but again that is a fact-based determination that the lawyer will make.

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Answered on 1/12/11, 7:27 pm


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