Legal Question in Medical Malpractice in Ohio

Medical Malpractice??

My mother died last week of cancer. My question is if her doctor is guilty of medical malpractice or not. She discovered a lump under her breast... she went in to have it checked out. Her family doctor at the time told her it was just an ''infection pocket'' under the breast and not to be concerned. He gave her some antibiotics and sent her on her way. It did not get better, in fact it became worse. He continued to treat the ''infection'' for two months! He then decided he should send her to see a surgeon who very promptly told her she has breast cancer! I am no doctor or certainly no expert on cancer but, I have always been told that time is of the utmost importance when dealing with cancer. My question is.... did this doctor make a fatal error in judgement? Would my mother be alive today ?? What do you think? I will be happy to provide any information you may need. Thank you!


Asked on 2/15/01, 9:36 am

2 Answers from Attorneys

Melissa Lipchak Melissa R. Lipchak, Attorney at Law

Re: Medical Malpractice??

In order to determine if a medical malpractice claim exists, an individual must obtain a review by an expert physician who will review the medical records and determine if the physician met the applicable standard of care and if any failure to meet that standard of care caused a difference in the outcome. If you wish to speak about this further, please contact me at 614-464-4644.

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Answered on 4/02/01, 2:46 pm
Rick Sommer Law Offices of Rick J. Sommer

Re: Medical Malpractice??

I am sorry to hear about the loss of your mother. In answer to your query, the viability of a lawsuit for failure to diagnose cancer is dependent on many things. One important factor is whether the delay in diagnosis made any difference in the outcome for your mother. If you live in the southwest part of Ohio, I would be happy to discuss this matter with you in more detail. Feel free to call my office at 513-563-3003.

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Answered on 3/30/01, 1:57 pm


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