Is undiagnosed cancer a case of medical malpractice?

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Question:

In 2008 my father went to a Doctor for Knee pain. The doctor ran blood work and sent him for xrays of his back and knees and one to check for COPD a chest xray. When he went back to get his results she told him he was a very healthy man and healthier then her just had some arthritis in his knees and put him on the meds for it.

He went back for a follow up but the doctors practice closed, taking his records god knows where. My father was starting to feel bad, he has had a lot of wt loss, feeling run down, and the knee pain was getting worse. He went to another doctor. She ran a lot of tests. In the end he end up being put in the hospital when we discovered that the xray in 2008 showed a 4 to 5 cm mass and it was suggested he needed a CT scan, a pet scan to rule out cancer.

The first doctor never once said anything about this. My dad knows that the smoking is most likely the blame for the cance but early detection is key. In 2009 the mass is 10cm and spread into some lymph nodes. He is back in the hospital now and chances are not looking good. He is going through chemo-therapy and radiation therapy.

He could have had it cut out a year ago but now because she failed to inform him or do anything it is to large and this has weakened him so much in the last year my dad just thought is was just the facts of him getting older not cancer.

She needs to be held accountable for not doing anything about this when it was half the size and surgery was an option.

He is only 58 years old 3 step-children, 3 daughters, and 9 grandchilden and one on the way, a wife, a mother, and very large extended family. He is a very proud man who served his county for 23 years and did not deserve to go out like this.

Can a medical malpractice attorney help us in this case?

Answer:

This is a terrible example of what can happen if a doctor does not live up to her duty to her patients. Medical negligence in the form of failure to diagnose cancer may be grounds for a medical malpractice lawsuit. You're best option is to talk to a medical malpractice attorney to find out if the doctor that failed to diagnose the cancer can be held liable for your fathers suffering.

Even though the doctor closed her practice, you should still have options to file a medical malpractice lawsuit demanding compensation for all the damages.

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