Legal Question in Medical Malpractice in New York

Medical Malpractice

My daughter-in-law�s mother was diagnosed this month with advanced lung cancer. She was told that she could not survive surgery; her only option was chemotherapy which she is now undergoing. She has 42% lung capacity

In 2006 during her yearly physical, an X-Ray was taken of her chest; corresponding paperwork indicates no disease.

During her 10/07 physical her doctor recommended pneumonia medication for a suspicious cloud showing on current X-ray.

After taking the meds and returning to him he saw no improvement and sent her to a heart & lung specialist; whom she asked to take a look at the 2006 X-ray.

With no hesitation he pointed to a spot on that Xray where the cancer had begun over 18 months earlier. There is much more to this but I would like to know if this could constitute negligence as the earliest paperwork states no disease when there clearly was a spot on her lung (and on the x-ray) in 2006?

Thank you for any information.


Asked on 2/19/08, 9:46 am

1 Answer from Attorneys

Re: Medical Malpractice

There could be a medical malpractice suit, especially against the radiologist. The statute of limitations is 2 & 1/2 years from the date of the negligence (probably the date the x-ray was read) so you need to move fast. I handle medical malpractice cases so please feel free to contact me. The above is for informational purposes only and not meant as legal advise as there is no attorney-client relationship.

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Answered on 2/19/08, 10:02 am


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