Q: An MD failed to act on critical lab, 6 months later my father had metastatic cancer. How long do we have to file suit?
My Father lived in Omaha Nebraska. His long standing primary care physician did annual PSA tests on my father as his father died from prostate cancer. In approximately February 2017, during annual exam my father had his PSA drawn. The result was critical as it had spiked and Medical standards required immediate action, however my father was never informed. In August of 2017 my father went to the ER for chest pain. They ruled out cardiac issues, performed a CT scan and diagnosed him with gall stones. However, on that CTscan my father had positive retroperitoneal lymph nodes. This finding sent him directly for Prostate biopsy where the diagnosis of Metastatic Prostate cancer was confirmed. Upon diagnosis the cancer had already spread into his bones and lymph nodes, thus making treatment and long term survival highly compromised. The lack of action by the physician left my father’s cancer unchecked for well over 6 months. Failure to act on the dramatically changed PSA result is negligent
A:
I'm sorry for your family's ordeal and that your post remains open for three weeks. Your question was probably overlooked in the Personal Injury category. You could repost under Medical Malpractice and reach out to med mal attorneys. Most offer free initial consults. Good luck
Tim Akpinar
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
