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  1. #1
    Join Date
    Feb 2015
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    4

    Default Delay in Diagnosis and Treatment of a Tumor

    My question involves medical malpractice in the state of: New York

    My mother died in December of 2013 from squamous cell carcinoma of the leg. There was a lot of malpractice done both before and after she got diagnosed. I believe she had the cancer for years before it was diagnosed. She had went to one hospital years before it was diagnosed (her cancer started from a very large tumor or cyst on her leg, I am still not sure which it was as she and I were given conflicting info on it from the doctors.). At that hospital they refused to remove it as she didn't have insurance and told her it was very unlikely to be cancerous. When she finally was diagnosed at a different hospital over a year later, they took nearly 2 months to get her into surgery to have it removed. By then it was too late and ended up spreading from what they told us was very unlikely to spread to something that spread. She also told me that she didn't know she had to call to make an appointment, the women she claimed admitted to my mother that she failed to tell my mother to call, this cost my mother about 2 weeks extra waiting time for surgery. Is any of this grounds to sue? If so, what is the statue on suing? Last year I tried to sue, but I'm not sure if lawyers refused my case because I was also trying to sue for nursing home malpractice (which they didn't think I had a case on as my mother wasn't abused, but there was neglect as in her wallet with credit card there was stolen and used by someone who was never caught and her bed malfunctioned and she fell to the floor, as well as other stuff) I find it hard to believe I don't have a case here on malpractise/wrongful death as my mother is dead and they did neglect to treat her in time and even refused at the one hospital.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Mothers Death Negligence, Do I Have a Case

    If an attorney won't take your case, it's usually because there is either no clear malpractice, or the suit will be too expensive to litigate.

    Your best bet is to take the medical records to a few med-mal attorneys.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Delay in Diagnosis and Treatment of a Tumor

    A squamous cell carcinoma can develop in a long-term, non-healing wound. If at the time of the first examination the doctors saw a wound (such as a cyst or ulcer) that needed proper medical treatment but was not an emergency, and it was neglected over the course of the following year, it is possible that the cancer developed as a result of the lack of care received during that subsequent year.

    For the second hospital visit, even if attributable to the hospital, it seems unlikely that a two week delay in treatment had a material effect on the outcome of the case.

    The statute of limitations for malpractice cases is normally thirty months. As Dogmatique suggests, your best approach is to have your mother's medical records reviewed by malpractice lawyers in your state to see if any agree that there's a potential cause of action. In terms of the nursing home, it's not clear to me whether they were providing proper wound care -- that's something else to discuss with the lawyers you consult.

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