Legal Question in Medical Malpractice in Massachusetts

failure to diagnose

My doctor was dismissive of my complaints for a long time and when a nodule was seen on my ultrasound she stated it looked fine and suggested absolutely no follow up. She then refused to give me a referral to a specialist unless I went to see her again for another office visit, so I found a new doctor and was subsequently diagnosed with thyroid cancer. Can I sue my previous doctor for failure to diagnose?


Asked on 5/27/09, 12:13 pm

3 Answers from Attorneys
Joseph Lamy Law Office of Joseph Lamy

Re: failure to diagnose

I am very sorry to hear about your battle with thyroid cancer. You certainly can sue your doctor for failure to diagnose, in fact, it is one of the most common forms of medical malpractice. The question is whether a doctor exercising due care should have noticed the cancer earlier. My office offers a free initial consultation and would be happy to discuss this case with you.

I wish you the best in your recovery.

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Answered on 5/27/09, 12:20 pm
Christopher Earley Law Office of Christopher Earley

Re: failure to diagnose

I too am sorry about what you are having to go through. I can't honestly tell you one way or another as to whether or not you have a case because I need to know more information. I would be happy to speak with you, free of charge, in order to see if you have a case.

Chris Earley

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Answered on 5/27/09, 12:24 pm
J. Whitfield Larrabee J. Whitfield Larrabee

Re: failure to diagnose

Whether you have a meritorious case would depend on a number of factors, especially whether your chances of survival have been diminished due to the delay in diagnosing your condition.

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Answered on 5/27/09, 6:38 pm


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