Legal Question in Medical Malpractice in Virginia

MedMal - Misdiagnoses

My dad was hosp. a year ago with a heart attack. Chest xrays were taken & he was told he also had pnuemonia. Now a year later he's been told he has stage 4 lung cancer. I've since pulled his xrays from a year ago and I can see the ''white spot'' which indicates probable cancer on those films. Cancer will cause the pnuemonia. His surgeon & pc doctor both say the cancer was there a year ago. They also say he now has no treatment options that will help him & he will die within 5 months. They have both said a thorough testing & follow-up should have been done on my father. Yet none was ever suggested. That a year ago they could have helped him as the spot appears quite small then & operable. Due to his age (79) and his smoking habit, I've been told there is no legal recourse for him. Does he not have a case? Who knows how long he could have lived if given proper treatment. Is it true age is a determining factor on whether or not a lawyer will take such a case? At 79 he is the bread winner in his home & works full time. There is no way for my mom to make it without him. She will be devastated emotionally as well as financially. What can I do? Any help & suggestions is very greatly appreciated.

Thank You


Asked on 11/16/04, 9:57 am

1 Answer from Attorneys
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: MedMal - Misdiagnoses

I am sorry about the bad news you have had, and about the apparent case of Medical Malpractice. I just lost my father-in-law to cancer last Wednesday. I am professionally experienced in this area of the law and am also compassionate at the same time. When the time is right for you (and if you are interested) I can have the case reviewed by the proper experts at no cost to you so that you will know. An expert medical certification of malpractice is a pre-requisite to bringing a claim. From what you say, it seems quite a clear-cut case, if there is such a thing. You can reach me at (301) 279-8773.

(Notice:Time is of the essence, this is not legal advice)

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Answered on 11/18/04, 6:12 pm


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