Legal Question in Medical Malpractice in Indiana
Last October my wife was told that she had a rare form of leukemia. She was put on medication that was supposed to help. Subsequently the medication lowered her immune system to the point where she was hospitalized for 9 days in December (around $3000 in medical expenses). She was told that she was cancer free in February 2009. 6 months later we're pregnant. We went to her oncologist (not the doctor who made the original diagnosis) who told her that after reviewing her blood work that he could find no trace of cancer in her blood (leukemia leaves lasting damage and traces in the body so that would be pretty much impossible unless she's a walking miracle). He is further researching it but seems to think that it was either a UTI or kidney infection gone awry that was misdiagnosed and mistreated. My question: Does this sound like a valid malpractice suit or am I just pissed off?
3 Answers from Attorneys
You should be relieved and thankful and then pissed off with a possible malpractice suit. The issue is not whether your wife was misdiagnosed or mistreated as that happens often, rather was the standard of care violated. The standard of care is what a normal, competent doctor would have done in the situation at issue in the case, even if a mistake would have been made.
You should consult with an attorney regarding this situation as the claim is really too complicated to explain in this forum.
Your wife's case is definitely worth investigating. The "treatment" offered to treat your wife's "leukemia" may have caused her permanent damage. If so, she is entitled to compensation for that (in addition to the medical bills you have incurred and the pain and suffering she endured) if the doctor who originally diagnosed her was negligent in making that diagnosis. Larry
It is not a simple answer. I concur with previous responses. You and your wife should consult an attorney about this. Mary 317-633-4002.
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