Legal Question in Medical Malpractice in Pennsylvania

Misdiagnosis at hospital

How can i find out if i have a case to sue a hospital where my sister was diagnosed in an emergency room with copd and then a few months later was diagnosed with stage 4 lung cancer and has sinced passed away.


Asked on 1/10/07, 3:34 am

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Misdiagnosis

The way to find out if you have a case is to discuss it with a number of malpractice attorneys. They generally will not charge for their �screening� services, and each one will generally tell you if they are interested in taking your case or discussing it further.

You can look on this list, or your local bar association in your local Yellow Pages for the names of medical malpractice attorneys.

I can only speak for myself. I would not take this case. Another attorney may feel differently so I encourage you to inquire further, if you are interested in pursuing a case.

From the facts you�ve given, your sister almost certainly did not receive the proper care at the first visit. Someone diagnosed with stage four cancer several months after a doctor�s visit, would almost certainly have had abnormal history, examination, and x-rays which should have led to the correct diagnosis.

However, in my experience, lung cancer does not progress from a curable stage to stage four in a few months, meaning that even if they did make the right diagnosis immediately, the outcome would most probably not have been different.

Another attorney may feel differently. For example, another attorney may believe that earlier diagnosis might have lead to a cure, or prolonged life, or perhaps more appropriate palliative care.

I therefore encourage you to make inquiries if you�d like to discuss these various issues with a malpractice attorney.

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Answered on 1/10/07, 9:46 am


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