Sacramento, CA asked in Personal Injury and Medical Malpractice for California

Q: I was diagnosed with non hodgkins lymphoma stage 3B in 1998. I was 28 years old. the doctor did a lymph node biopsy.

She told me that due to the size of my lymph nodes and it being stage 3B she wanted to start chemo ASAP because stage 4 is in my bone marrow and could be untreatable. She didnt think we should wait for the biopsy results. I was young and scared and said ok. We did 12 cycles of chemo. About 18 months ago I was told by a new oncologist that I never had chemo. I had chronic granulanoma disease which you dont treat with chemo. I am having so many health issues from nerve damage to kidney issues and joint and many other issues which I'm learning are some of the long term after effects of chemo. Do I have a malpractice claim? If so can you give me suggestions on who could help me?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your situation. Based on what you've described, it sounds like you may have a potential medical malpractice claim against your original doctor for misdiagnosis and providing unnecessary treatment.

To determine if you have a case, you would need to consult with a medical malpractice attorney who can review your medical records, obtain expert opinions, and evaluate the strength of your claim. In general, to prove medical malpractice, you would need to show that:

The doctor had a duty to provide you with a certain standard of care.

The doctor breached that duty by providing a diagnosis and treatment that was not in line with the standard of care.

The breach of duty caused you harm or injury.

It's important to note that medical malpractice cases can be complex and challenging to prove. You would need to provide evidence that the doctor's actions fell below the standard of care and directly caused your injuries.

To find a medical malpractice attorney, you can start by contacting your local or state bar association for a referral. You can also search online for attorneys who specialize in medical malpractice cases.

It's also important to act quickly, as there may be time limits for filing a medical malpractice claim. A lawyer can advise you on the specific time limits that apply in your jurisdiction.

I hope this information helps, and I wish you the best of luck with your legal case and health issues.

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