Legal Question in Medical Malpractice in Pennsylvania

medical negligence

My brother passed this year at age 54. He was involved in a work rel. asbestosis case for more than sev yrs. CXR done, found suspicious, asked to f/u with prim. phy. for CAT.

Pri. reported results norm. Accompanied brother to pri. phy. after him c/o SOB, wheeze. CXR, CAT done, dx. lung ca. By mistake I was given original results of CAT done 19 mos earlier & found results suspicious, sugg f/u CAT. My brother was disabled after a cerebral bleed at age 37. (left hemi). He did as he was asked, saw his prim. phy every 6 mos for seizure disorder, result of bleed. It sickens me that he fell through the cracks, and no one (law firm handling asbestosis case or his primary) f/u. He had trust in his physician, and took him at his word after req. results of tests (this is someone he'd seen for a dozen or more years. After dx, he had only a month before passing. Who is at fault, the law firm or the primary?


Asked on 11/20/08, 10:52 am

1 Answer from Attorneys
James Monaghan Law Office of James V. Monaghan

Re: medical negligence

A delay of diagnosis of 19 mos. in lung CA (Non-small cell) is generally substantial and will impact survival rate. There are however, certain kinds of lung CA which are not curable (Small cell). Need to know type of lung cancer and whether there is any documentation in the FMD (Family Medical Doctor) records as to the discussion regarding the intial CT scan results with the patient, decedent. Of course there is the issue of damages since it appears that the victim was already disabled. Would be interested in reviewing the records including the diagnostic reports, the FMD records, pathology reports and an autopsy, if available.

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Answered on 11/21/08, 8:49 am


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