Legal Question in Medical Malpractice in Iowa
Failure to Diagnose
My 55 year old mother had brain surgery last week to remove part of a 5 cm. stage 4 aglioblastoma tumor. This is a terminal condition and life expectancy is a few months.
This tumor was diagnosed by CAT scan ordered by our family Dr. (whom she had not seen for 3 years.)
2 years ago, she became depressed and sought treatment from a psychiatrist. As her mental state deteriorated (hearing voices), he diagnosed her as paranoid schizophrenic and perscribed the routine drugs. Since this time, I have also had her court commited (assuming schizophrenia) to our state mental institution and local hospitals where she was seen by many doctors. None of these ever ran a CAT scan to rule out a medical condition.
1 month ago, she went to an eye doctor. She told him she could not see his chart with her left eye. He told her she was experiencing normal aging vision loss and adjusted her eyeglass perscription. Now, she is blind in her left eye.
Do I have a malpractice case?
1 Answer from Attorneys
Re: Failure to Diagnose
Since a psychiatrist is an M.D. with medical training, the possibility of organic cause to psychological disturbance should always be evaluated. Most prudent doctors in this field will consider hormonal imbalances or even tumors like your mother's condition when there is no response to more traditional therapy.
However, no attorney can or should make a judgment call regarding medical malpractice until he or she has reviewed all of the medical records in the case, interviewed witnesses, and discussed the case with current treating physicians or experts. My office handles professional malpractice cases as part of the legal matters which we are willing to pursue for clients. If you would like for this matter to be formally evaluated, or to discuss your rights or the rights of your mother's estate under Iowa law, please feel free to give my office a call at (515) 633-9210 or (888) 700-9941.
Joel E. Fenton, Attorney at Law
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