Legal Question in Medical Malpractice in Michigan
delayed brain tumor diagnosis
I passed out in 2002 and went to the ER. I had a CT scan of my brain and the ER docs told me that there was an abnormality, probably a brain tumor. My family doc admitted me and I had further testing. Since I had hit my head a few days earlier she felt that it was a contusion. A neurologist sent me for an MRI which showed a large spot and the radiologist diagnosed it as ''gliosis'', since I had hit my head. My family doc told me I didn't need further follow-up and it was nothing to worry about it was just ''scarring''. Even though I had severe headaches and followed-up with her for that. In January 2007 I was having worsening headaches and some left-sided weakness. My new family doc sent me back to the ER where another CT scan showed a slight enlargement of the abnormality. The neurologist wanted to know why I hadn't followed up with him. I was told it didn't need follow-up, he seemed confused. Long story short I had brain surgery to remove a grade 2 oligoastrocytoma and am currently undergoing chemo. Can I sue my former family doc for failing the standard of care by not following up with with serial MRI scans to monitor the abnormality?
2 Answers from Attorneys
Re: delayed brain tumor diagnosis
Yes. You can sue your family doctor. There is a statute of limitations of 2 years or 6 months from the time of discovery whichever is greater and a Notice of Intent to Sue must be filed within a certain time period as well. You are in a major time crunch. Seek a free legal consultation as soon as possible!
You will need a family physician expert to support your case. Request the records of your old physician. Do not let on that you are thinking of a lawsuit. Keep everything as amicable as possible at this point.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
If you have further questions or concerns, or desire more specific information, please contact me at www.lawrefs.com.
Re: delayed brain tumor diagnosis
Chances are you already blew the statute of limitations. The statute of limitations means you must file your legal action or at least send a notice of intent to sue letter out prior to the expiration of the statute of limitations. In a medical malpractice case in Michigan, the statute is 2 years from the date of the malpractice or 6 months from the date that you should have discovered the existence of the case. from your facts, your six months ran in June of 2007. It is now July and almost surely, too late. William S. Stern
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