Legal Question in Medical Malpractice in California

My daughter has 90% of the symptoms for lymphoma and has been bounced around from doctor to doctor. They all say lymphoma is a possibility and need to do blood work. Not much information is coming back with the bloodwork. They talk about a biopsy of her swollen lymph nodes, but then don't do it, but send her off to another doctor. This has been going on for months, and the symptoms have continued the entire time - swollen lymph nodes, drenching night sweats, fever every few days, itchy skin, weight loss. A biopsy would answer the question of lymphoma or not. Can we insist on one? Do we have that right even though they want to do other testing instead? Thank you so much for your time.

Asked on 1/13/10, 12:49 pm

1 Answer from Attorneys

Jeffrey Zinder Zinder & Koch

This is not necessarliy a Medical Malpractice issue as much as it is an issue dealing with your HMO or PPO not providing you complete access to "recommended" services. I would recommend that you directly request that one of her doctors make a specific order for the biopsy, if not, then rather then wait for the biposy, go to a local cnacer treatment center even if not in your group, and see if you can take your records there and get one of their doctors to make the recommendation. Then take that back to your HMO and request to see a Patient/Members Rights Advocate to determine why it is that an outside of service specialist has recommended something that your doctor's have not. Do not wait to see who is right or wrong as to whether the biopsy is needed. I am certain you want the test and hope that it is negative then to have a Malpractice claim because it would have been positive and your daughter suffers from a delay of care and then has a Malpractice claim.

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Answered on 1/18/10, 1:13 pm

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