Legal Question in Medical Malpractice in New Jersey

Re: Wrong Diagnosis found after death

I encourage all persons who write to this list to contact an attorney by phone to discuss the possible case. Most malpractice attorneys will provide free initial phone consultation - with the thought that they may take the case on a Contingent Fee basis - no fee unless they win.

Regarding your �relative�. A lawsuit can only be brought by the executor of an estate if there was a will, or an administrator if there was no will. Appointing an administrator, generally involves agreement between the persons entitled to benefit under NJ�s �intestate� laws, which include: spouse, domestic partner, children, grandchildren, (parents), siblings, nieces and nephews.

The next question is what damages might be recovered in a NJ lawsuit for �wrongful death� and �survival�. Wrongful death suits generally a limited to loss of actual income for the life expectancy of the decedent. For most 80 years olds, this will be limited. The �survival� action, in theory, permits recovery for the suffering in his lifetime, but this may be difficult to prove.

As to the merits of the case. I can only give you my view, another attorney may feel differently, so I encourage you to seek other opinions. I would not take this case for a number of reasons.

You�ve described a probable misdiagnosis of �lupus�.

There are a number of defenses, Even though there was a wrong diagnosis, it may not have been a �careless� diagnosis. Doctors do not have to be perfect in their diagnosis, just reasonable.

Even if the diagnosis was wrong, the treatment may have been rational.

Prednisone would be a reasonable drug to give for any number of inflammatory conditions. Prednisone therapy should be guided by symptoms, regardless of whether the doctor was treating lupus. If there was another inflammatory condition, perhaps related to myelodysplastic syndrome, prednisone may have been a rational therapy.

This is my opinion only, I encourage you to seek another opinion.