Legal Question in Medical Malpractice in Pennsylvania

Re: malpractice case

A misdirected course of radiation therapy can in general be the basis for a medical negligence claim. However, if in fact your cancer is incurable then the planned radiation therapy was palliative rather curative. If on the other hand you were deprived of a real though small opportunity for cure the error was much more significant. Having a right to make a claim entails as well the right to not pursue a claim. Decide what meaningful objectives you seek to achieve and consult a lawyer with the needed experience to properly advise you.

Re: malpractice case

YOU HAVE DESCRIBED THE BASIC ELEMENTS OF A MALPRACTICE CASE: violation of the standard of care, and damages caused by the violation.

I encourage you CONTACT attorneys as SOON as possible to see if one is interested in taking this case. (Check lawguru.com, the Yellow Pages and/or your local Bar Association to find malpractice attorneys.) Generally malpractice attorneys will listen to your story over the phone without cost to see if they may be interested in the case.

Personally, I would not pursue this case, because I think that it will be problematic to convince a jury to award a substantial money award based on the damages you describe.

That said, you should obtain additional opinions.

Because you have described the basic elements of a malpractice claim, another attorney may well find that your circumstances DO justify the effort to pursue the case so I urge you to seek additional opinions if you believe you may have a case.

Re: malpractice case - PS

PS

There are aspects which may seem unfavorable to your case, but which really are irrelevant.

i.e. the fact that you survived cancer probably can�t be hidden, because the jury will wonder why you had radiotherapy.

The fact that you are suing someone who helped you beat 20 to 1 odds IS probably IRRELEVANT and prejudicial, though it will be the job of an attorney taking this case to make that argument before a judge.

All the more reason for you to seek additional opinions.