Q: Do I have a case for a malpractice suit?
My dad died in 2021 from prostate cancer. It wasn’t diagnosed til it was stage 4, a month and a half before his death. Doctors didn’t order a CT scan until later in his illness despite ongoing weight loss. Also, he was on dialysis and getting a medication that could’ve caused his cancer to spread and should likely have been contraindicated in someone with a cancer diagnosis.
A:
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
First look into the time limitations for medical malpractice lawsuits in your state.
A: A med mal attorney will investigate, starting with the medical records. Your dad's presentations at each visit prior to the diagnosis will be important, as questions will arise regarding the what the standard of care required in terms of further examinations, testing or referrals.
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.