Sacramento, CA asked in Wrongful Death and Medical Malpractice for California

Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

4 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You might have grounds for a medical malpractice case if there was a significant delay in diagnosing your lung cancer due to the ER's failure to communicate crucial test results. In cases like this, it's important to determine whether the delay directly caused your cancer to progress to an advanced stage, reducing your treatment options and life expectancy.

You would need to prove that the ER had a duty to inform you of the test results, that they breached this duty by not doing so, and that this breach caused harm—specifically, the progression of your cancer to stage 4. Medical records, expert testimony, and other evidence would be crucial to support your claim.

Speaking with a qualified attorney who handles medical malpractice cases can help you understand your legal options and the potential for seeking compensation for the harm you've suffered.

A: Unfortunately, I don't believe this is a good forum for medical malpractice questions because they require opinions of medical experts, which attorneys are not. These questions usually get few, if any, responses. The “medical standard of care” is typically defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. You will need to call some attorneys and seek medical experts. Amass your medical records.

A: I'm sorry this has happened to you. You could reach out to attorneys to arrange a consult, but the standard of care for emergency rooms reflects the circumstances. Emergency rooms generally involve care that takes place in a fast-paced and high-volume setting - different than that of specialists who have the time and specialized insight in a given medical area. The best way to meaningfully answer your question would be to arrange a free initial consult with a law firm, where you could discuss the matter in detail. Good luck

A: Delay of treatment can be an area of malpractice. If the standard of care required notification, then there would be malpractice.

What also has to be shown is how it would have been different had there been no malpractice.

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.