Legal Question in Medical Malpractice in Illinois
missed terminal cancer diagnosis
My 10 year old son was seen by his primary physician for a 5th grade physical. It was noted that he was a healthy 10 year old child. With in 2 weeks of the physical he was taken to the ER for chest pain. We were told he had pneumonia and was constipated. We were given medication and sent home. The next morning we were told to bring him back in to the ER for more tests. He was admitted to the childrens hospital that day with a huge tumor in his abdomen. He was then diagnosed with a cancer called Birkitts lymphoma. It took his life in a few months and many cancer treatments.
My question is how could a tumor that size not be noticed by his primary physician? If this diagnosis had been given at the time of his physical there is a great chance that he would be with us now. Time is critical with this illness. Do we have a malpractice suit? The diagnosis was made in August of 2004. Thank you
3 Answers from Attorneys
Re: missed terminal cancer diagnosis
I am sorry to hear about your loss. It is possible that you have a case of malpractice. The only way to find out is have the entire medical record reviewed by a doctor. In Illinois in order to file a claim of medical malpractice, an affidavit from an expert is necessary. The expert must be able to say that after having reviewed the entire medical record the standard of care was violated by the doctor. Without such an affidavit the claim will be dismissed.
My office can help you find out. You must bring the entire medical record to my office so that my expert can evaluate it.
I hope this helps,
TARADJI LAW OFFICES
Re: missed terminal cancer diagnosis
I am very sorry to read your message. You have described a very serious matter. Please seek out an attorney directly, by phone or in person, as soon as you can. You may feel free to contact my office.
Re: missed terminal cancer diagnosis
I am answering this question based upon the information you have provided - particularly that the school physical was performed two weeks prior to the discovery of the tumor.
Based upon that information and the type of the cancer, I would say that you do NOT have a medical malpractice case.
A two-week delay in the discovery of that tumor did nothing to change the ultimate outcome, in my opinion.
That does not change the fact that this is a heart wrenching loss. I can only begin to imagine the suffering that you have endured. I am very sorry for your loss and if there is any information that you think you left out or I misunderstood, please contact me immediately.
Please do take note that you only have TWO years from when you should have known of the malpractice to file a lawsuit. As such, you must immediately contact another attorney to get a second opinion.
Matt Belcher
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