Legal Question in Medical Malpractice in New York

lung cancer

3 years ago, after serving in Iraq, my sister's physical revealed a ''spot'' in her lung. They decided to ''watch it'' as perhaps she inhaled sand. Now, because has ''grown, she is being worked up for lung cancer. Can this be looked into?


Asked on 11/04/07, 8:11 pm

1 Answer from Attorneys

Jason A. Richman Jason A. Richman, Esq.

It should be looked into but may not be malpractice

Anytime there is a suspicious finding that remains undiagnosed for three years after it was discovered and classified as suspicious, it should be looked into, both medically and legally. There are times however when waiting and watching are better than invasive diagnostic tools. It could be that this was malpractice and it could be that this was prudent practice, the difference will of course be determined by the details of the medical record.

Even if it is malpractice your sister will then need to assess whether or not it would be worth pursuing a case seeking to recover monetary damages that resulted from the malpractice. If the delay has had a significant impact on her health or long term prognosis then a suit might make sense.

Her medical records should be reviewed by a medical malpractice specialist with access to top notch medical professionals who can review past and current treatment plans.

Please feel free to call or write if you would like to discuss this matter with me.

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Answered on 11/05/07, 9:20 am


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