My mother-in-law went to her family doctor in Feb 2009 for a regular check-up - the doctor found nothing wrong. She went to him in May 2009 complaining of chest pain - the doctor prescribed cough syrup and sent her home. She went again in June 2009 because she didn't feel good and the doctor found nothing wrong with her.
End of July 2009, she gets diagnosed with advanced lung cancer! She has 2 large tumors on her lung, 2 large tumors on her brain and multiple tumors on her spine. Family members are outraged that her family doc didn't find anything wrong with her over 7 months as her symptoms got worse. The doctors now give her only 2 months to live.
Is this a case for medical malpractice? If the doctor sent her for a simple chest x-ray earlier, she might have caught this cancer earlier and probably prolonged her life. My family is VERY stressed out and upset over this doctor's mistake. Do we have a chance at a lawsuit to teach this doctor a lesson? Thanks for the advice.
Yes, my mother-in-law was a smoker from 1975-1992.
Donna
Yes. But, there may be an issue with the fact that she didn't ask for or seek a second opinion if she felt the dr. was not doing the right job.
If you are concerned about the dr. learning a lesson, report it to the people that they work for and to the people that licensed the dr.
allysum19
I would seek the advice of an attorney or two.
timetravler
I think you may have a case. When she went back a second time, he should have ordered xrays, especially if she was a smoker. NOw if she is also on certain high blood pressure meds, some can cause a very nasty cough and that may have made the doctor not look farther. Never the less, I still think you have a case.
Lynn
I'm not sure it would have made any difference here. There doesn't seem to have been a reason to send her for a chest x-ray in February. You can consult another doctor, but the difference between being diagnosed in May and July for this type of cancer may not have made any difference.
Filing a lawsuit to "teach this doctor a lesson" is foolish. What do you want him to do, send every single person for chest x-rays at every check-up? Why not MRI's? This kind of medicine spends a lot of money with little benefit to most patients.
Instead of worrying about a lawsuit, support your wife and her mother during this difficult time. They are going to need it.
mnwomen
I am sorry for what your family is going thru. My sister had a case similar to yours. She did have xrays monthly as she was in a case study for asthma medication. Her tumors did not show on the xrays. It was not until another health problem arose that they found the cancer in her lungs. It had spread very quickly and chemo and radiation did not help. While I can understand your family's upset a lawsuit is not that easy to win.Especially when it is based on what might have been and probably. I think you all need to just concentrate on giving your mil support and not bring more stress into your lives.
Mr Placid
To win a malpractice suit of this nature, you must show that but for the doctor's error, the patient would have lived significantly longer. From the facts that you've stated, it appears that even if the doctor diagnosed cancer in Feb 2009, the cancer was far too advanced for successful treatment. In other words, regardless of what the doctor did in February, your MIL would still be looking at a short life expectancy. Mere speculation that prolonged life could have occurred is insufficient. There must be evidence that more likely than not, a correct diagnosis at the outset would have prolonged life for more than a nominal period.
Unfortunately, lung cancer has a very, very poor prognosis, even when detected and treated at its earliest stages. Even then, treatment is very unpleasant. Your MIL's quality of life for these past eight months were certainly better than they would have been had she been concurrently undergoing radiation treatments and chemotherapy. Hopefully you and the rest of her loved ones can take solace in that fact. Use these remaining few months to go out of your way to give your MIL all the happiness she deserves.
Orignal From: Tips: Does this sound like a solid case where we could sue for medical malpractice?
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