Legal Question in Medical Malpractice in New Jersey

A family member in NJ had a kidney removed several years ago for cancer and has been given a clean bill of health after annual followup every year, most recently last November. Suddenly, he's been told that the cancer is back and has already metastasized throughout his body and their is nothing they can do. He made an appointment for a second opinion at Sloan Kettering, but was told he has a contract with his current provider that prohibits him from seeking outside consultation or care for 3 weeks after discharge from his current provider, so he canceled the SK appointment and is to undergoing palliative radiation therapy with the current provider. Can this possibly be legal? He doesn't have 3 weeks to sit around doing nothing! Should he engage a good local malpractice attorney at this point? Thanks for any help or advice you can give.

Asked on 9/16/14, 5:23 pm

1 Answer from Attorneys

Michael Zerres Blume Forte Fried Zerres & Molinari

Thank you for your inquiry. I am unaware of the exact wording in the insurance coverage contract or healthcare provider contracts, and so I am unable to opine with regard to this issue. However, if follow-up care was deficient, where earlier diagnosis and treatment of the recurrence would have precluded the metastatic disease, it may be possible to pursue a claim for medical negligence. Please feel free to call me or one of my partners to discuss either issue in more detail. (973)635-5400. We will assist your family member in whatever way we can.

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Answered on 9/17/14, 5:43 am

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