Legal Question in Medical Malpractice in California

I was recently diagnosed with moderate-severe emphysema. I have a family history of that disease and cancer. I am a smoker and have been treated for cough, bronchitis and upper respiratory infections many times. I have had numerous chest x-rays but only recently had an CT scan which showed the emphysema. I was then sent for an MRI to show the severity of the problem and was told by the MRI lab, after the test, that MRI was not the correct test to perform. My new doctor sent me for a spirometry test and I was told my lungs are that of an 80 year old (I'm 51). Can my doctor

(a nurse practitioner) be sued for not diagnosing this in its early stages?


Asked on 5/26/11, 3:37 pm

1 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Looks like you may have been the victim of substandard care by (a) being cared for by a nurse practitioner instead of a MD and (b) delayed diagnosis.

Were you told that your care was going to be managed by a NP instead of MD? If not, you may also have a case for fraud.

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Answered on 5/29/11, 11:13 am


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