Legal Question in Personal Injury in Pennsylvania

Death Of Husband
My husband was a physician. He died on 12/26/97 at the age of 42. The oncologist treated him for lung cancer but I was never convinced the diagnosis was correct. When he died I had an autopsy done (not at the hospital where he died) and it was determined he had a Non-Hodgkins Lymphoma. I had a group of attorneys review the case in Pittsburgh and they said they could not help me. Because he worked for UPMCI felt that perhaps I needed to seek representation in a different part of Pennsylvania. Two different sets of attorneys in Philadelhis reviewed the case and said they did not feel there was enough evidence to pursue litigation. From the diagnosis to his death it was only four months.The medical treatment for lung cancer is different than for a lymphoma. The drug Gleevec was on the market at the time but he was not given this chemotherapy agent as it is not used to treat lung cancer. One of his physician friends told me that using the wrong chemotherapy agent destroyed his already weakened immune system and allowed the cancer cells to mutate and runr rampant in his body. When he died he had a 10 inch tumor in the medialstinum area of his chest and tumors in all major organs. Is there anything I can do? Thanks so much.

Asked on 8/14/08, 3:20 pm

2 Answers from Attorneys

Solomon Weinstein Solomon Weinstein, Esquire

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Re: Death Of Husband

Was the date of your husband's death 12/26 1997 or 12/26/ 2007. if it is the earlier date then whether there is liability or not, the statute of limitations would most likely preclude any recourse. If the latter date then that would not be an issue. If so you certainly can seek another opinion from an attorney. You would in that event need some medical expert opinion which would conclude that the failure to diagnose was due to medical negligence.

Answered on 8/14/08, 3:58 pm

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