Legal Question in Medical Malpractice in New Jersey

Re: mammogram

there are two parts to a case. Did the physician make a mistake and did the mistake cause damages. It appears that you pass the first part, the second part is more complicated. If the delay in diagnosis causes further complications, you may. You can call me or Andy Napoli, my partner, at 800-310-4800.

Scott E. Diamond

Admitted in PA and NJ]

LL.M Trial Advocacy

Re: mammogram

Was there a mistake? Yes. Do you have any damages? This is a much tougher question. It sounds like the delay caused by the error was small, therefore unlikely that it will affect your physical health. Can you get damages for your emotional upset? Unlikely without physical damages.

Litigation is NOT fun. It also costs people a lot emotionally. I counsel people to avoid litigation unless you have real damages and little or no other recourse, because litigation just costs too much financially and emotionally.

You said the doctor was very upset. That is where the solution to the problem will start. I suggest you contact the doctor again and ask her what she did after you spoke with her. Hopefully, she has done enough to resolve the problem. If you think not, tell her so and tell her you will follow up with her later. If she refuses to speak with you, go to the NJ Board of Medical Examiners.

Your upset is understandable, as is your hope that this doesn't happen to another person. However, medical offices are far from perfect (I know, as I have numerous friends that are doctors, nurses, professional managers, etc., and they complain about how hard it is to focus on medical treatment - their purpose and avocation - becuase of rediculous burdens put on them by the state and federal governments and insurance companies) and my greatest concern would be was this a mistake, or an "I don't give a damn" attitude. Talk to the doctor and find out.

Good luck and good health to you.

Kevi J. Begley