Legal Question in Medical Malpractice in New Jersey
was my mother's cancer misdiagnosed?
sir: my mother had been under a cardiologist's care for congestive heart failure for 1 1/2 years - hospitalized 3 times and treated with diuretics and accompanying regimens. In sept 2003 we realized she was not improving so we switched to another cardiologist. he noticed a lump on her back the 1st cardiologist had dismissed as a diabetic cyst and mentioned to my mother that ''maybe you should have that looked at by a surgeon but its probably nothing'' 2nd cardiologist scheduled an emergency biopsy which determined the lump to be cancerous. Immediately went to an oncologist who realized that the lump was present on CAT scan film 8 -9 months prior and also noted that a radiology report from 4 months later recommended a cystology check for cancer which was not brought to our attention. The oncologist told my family that the tumor was so widespread that the only thing they could offer was pallative care. My mother entered the hospital in respiratory distress on dec. 27, was deemed terminal, began experience severe pain requiring a morphine infusion on jan 6th and passed away on the 7th. Does this sound like the 1st doctor misdiagnosed her condition and a case of medical malpractice exists?
2 Answers from Attorneys
Re: was my mother's cancer misdiagnosed?
I'm very sorry to hear about your mother's passing. Though you know you will lose your mom at some point, no matter how sick they are or for how long, it's still difficult knowing you can't hug them or tell them you love them any more... You are never really ready to lose them.
You need to get an attorney with a good doctor to review your mother's medical records. It sounds like the doctor missed an obvious diagnosis, but you have to do this by the numbers! Even where it seems obvious to you or I, a doctor who knows the required protocol may end up telling you that it wasn't actually malpractice because of XYZ, or it may have been malpractice, but that your mom had her life shortened by a few weeks or a few months, in which case it just wouldn't pay financially to sue. I'd kill for a few more weeks or months with my dad (recently passed), but financially and EMOTIONALLY, these cases can take a heavy toll. Also, an atty has to be practical... it is rare that one can afford to prosecute a case on principal. We can't act on emotion in the end, but upon what makes financial sense, and what's best for the client.
I have a great doc that reviews my medmal matters. If you want, I can help you get all the medical files, and get them reviewed for you. If I'm just too far from you, I can help you find a good med-mal atty nearer to you. You can call my office at 732-525-8200.
Kevin J. Begley
Re: was my mother's cancer misdiagnosed?
At first glance it appears that your mother case is a case of medical malpractice because if the proper medical procedures had been followed, a diagnosis would have been made much earlier.
However, as with all potential medical malpractice cases, a doctor in this doctor's field (Cardiology) as well as an Oncologist must review your mother's medical records and render an opinion as to whether your mother's unfortunate passing was preventable.
My office handles these types of cases and has an extensive network of doctors that we work with. I am both a NJ and a NY lawyer.
A consultation is free and we charge no legal fee unless we recover money on your (your mother's estate's) behalf. Feel free to give me a call at (877)692-5291 to discuss this matter further.
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