How do I know if I can sue my father's doctor?

Question

My father died of lung cancer in March of this year. He had been coughing nonstop since 2005 and was diagnosed in April of 2006.

In January of 2005, his doctor took Xrays and told him he had asthma. Between that time and 4/06, if his dr had had the forethought to consider lung cancer, my father might have had surgery and might be alive today. When he was diagnosed, it was too late. The cancer was inoperable and in both lungs. He suffered for a year and pretty much died slowly.

My question is: How do I know if it's worth it to sue the dr who misdiagnosed him? Do I have another dr look at his xrays and files?

I'm not even sure it's worth it, but am anguished that his death could have been prevented and wonder how many others die because a dr doesn't consider lung cancer in patients with chronic coughs.

Thanks for your advice.

To the Crusader:

Thank you for your comment. It said everything I was thinking in reply to some of the well-meaning remarks that I'm just it in for the money and asking if I took my father for a second opinion while he was alive.

I'm not in it for the money; thankfully, my father left my mother with money she can comfortably live on. I'm in it to investigate what happened and wouldn't mind bringing it to the attention of many others.

As for second opinions, when my father was incorrectly diagnosed with asthma, he was still very well and he and I weren't really getting along. Also, why would my family and I even think the dr's diagnosis was wrong? He was coughing all the time, asthma sounded right. It was the dr's job to take the leap to think a CT-scan was in order to see his lungs more clearly.

To Intrepyd: thank you as well for your comment. I need to clarify, though, that the Xray in 2005 did NOT see the lung tumors. The CT-scan in 2006 did.

Thanks everyone for your help!

Answer 1

If your dad wasn't happy with the disgnosis it's his responsability to get a second opinion. The only way you have a case is if the doctor maliciously kept something from your dad. How many times did your dad go to this Dr between Jan 05 and Apr 06? This would make a big difference - if he kept going back and trying different things with this Dr and it took him 15 months to reconsider the inital diagnosis then you might have a case. If he didn't follow up with the Dr regularly you have no case.

Example on the misdiagnosis -
You go in for a bump on the leg and the Dr suggests different possibilities and treats for what they think it most likely is. If the treatment doesn't work they look at other possibilities. You aren't going to have a boipsy on this bump immediately. There is no exact answer for every ailment. The cancer grew between the time of the inital x-rays and diagnosis. It may not have been diagnosable at that time. Drs try their best, but are only human - always get a second opinion if you are unhappy with the first.

Answer 2

Sorry for your loss, it's clear that this was pretty upsetting.

As you can guess, only a very small percentage of chronic cough is from lung cancer. In your father's case, how do you know his cough was from his cancer? If he was a smoker, for example, it might have been chronic bronchitis or reactive airways (asthma).

If there is evidence of cancer on a chest x-ray, you might have a case against the doc or the radiologist. But it's quite possible that the x-ray was clean. X-ray is not a good screening tool for lung cancer. Another argument would be, "why didn't he get a CT scan of the chest?" That's another possible argument, but you would have to demonstrate why that test would be indicated. Not everybody with a cough gets a CT scan.

Finally, lung cancer does not have a good prognosis. If it was large and advanced enough to show up on an x-ray in 2005, there's a good chance it was already too late for an operation. If you could prove that the doctor missed critical evidence or did not completely work up the problem, you'd have to show that the mistake made a difference to claim damages.

It's up to you, but realize that it won't help your father. Also, keep in mind your expectations. Diseases go undiagnosed pretty frequently when they don't present themselves. Sure, if we did a head-to-toe body scan on every patient, we would catch more cancer. But that's not good medicine, from an economic and a medical standpoint.

Answer 3

Yes, you should talk to a lawyer. Call your State Bar Association and they will give you phone numbers of attorneys you can talk to. Consultations are free. Also, if one lawyer says there's no case, take it to several others before quitting. I am involved in a lawsuit right now involving my father's misdiagnosis in a Florida hospital, and I had 3 or 4 lawyers tell me I didn't have a case. The laws are in favor of the doctors now and if a lawyer doesn't see an easy-win case, they may say that they're not interested. Just don't quit! Also, don't show it to other doctors. Just take it straight to a lawyer. By the way, for the girl that says the doctor will lose his home, etc., that's not even close to being true. Doctors have malpractice insurance. He'll be just fine. Suing a doctor for malpractice isn't about getting rich, it's about making doctors think twice before they act, or fail to act.

Answer 4

No. His established practitioner does sound like a soreness interior the butt, although this is not something to sue over. Have him communicate over with the traditional practitioner, or you once you're assisting preserve him, and enable him recognize which you're actually not happy with the way issues are going, clarify your problem. If something worse happens, then i could evaluate suing. yet another element to recollect is human beings's bodies react to each little thing in a distinctive way than somebody else's could. What ought to artwork for you should injury your father.

Answer 5

Get a consultation with an attorney. Generally an initial consultation is free or minimal cost. A lot of "mights" that are understandable, but not sure if its a case. Never took him for a 2nd opinion while he was alive?
Good luck, but with malpractice adjustments and provisions they have taken I dont see the case going all too far.

Answer 6

why would you sue him now? It sounds like you are just wanting money. Suing isn't going to solve any problems except your financial problems and it isn't going to bring your father back. All it will do it make the costs of medical care keep going up and insurance to keep going up. People keep suing, and it is hurting everyone. Problems are not solved, it just keeps getting worse.

Answer 7

Contact a lawyer who specializes in medical malpractice. They will tell you if you have a case.

Answer 8

if you win, try placing your self on the other side of this, the doctor, will mostlikely loose his home, life and savings funds for his kids, and then loose his doctor liscence. it will cost you alot of money to get an otterny, so, no, because you still would need to pay those fines if you lose, DONT DO IT!