Missed Cancer Diagnosis Caused My Father's Death...

by Andy
(Wilmington, NC)

My father was treated for curable non-hodgkins lymphoma and severely neglected during his treatment. His oncologist was rarely available during doctor visits to the point where we became seriously concerned. He was treated from September 2011 until January 2012 and was said to be in full remission and sent home for three months.

That's when our worst fears were realized... his doctor sent him home with undiagnosed lymphoma which went untreated and undetected for months. This missed diagnosis took away any chance my father had at living. This cancer was allowed to grow without notice by his own oncologist! She did not perform a single PET scan during diagnosis/staging and treatment. She created a critical delay in care which killed my father in 10 months from the actual diagnosis.

He was initially told to inform friends and family he would make a full recovery and not to be concerned. Her malicious neglect along with using poor imaging techniques for diagnosing the cancer (CAT scans only) directly resulted in my father's rapid death. He was a health educator for 25 years and while he was still alive and aware of the neglect he asked me, if he passed away, to file a lawsuit against his doctor. I am now in the process of doing so.

His doctor basically killed him and it will be proven in a court of law. I hope this woman never practices medicine again, she has ruined my life and taken my father's life, and it will not go undetected - unlike the cancer she missed by her neglectful care.

I'm in need of an unbiased oncologist to review his medical records to establish the neglect so I can move forward. I'm sure another doctor will see it immediately. How do I find another doctor willing to testify in a medical malpractice / wrongful death case like this? Any information you can give would be greatly appreciated. Thanks.

Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information you provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when making decisions about your case. You should always get a formal case review from a licensed attorney.

ANSWER for "Missed Cancer Diagnosis Caused My Father's Death...":

Andy (Wilmington, NC):

Presuming you are requesting information about the possibility of medical malpractice claim, you must first consult with a personal injury attorney with substantial experience in medical malpractice litigation.

In the interim don't sign any papers or documents provided by the medical facility, the doctor, or any other third parties until such time as you have consulted with at least one or more attorneys.

Medical malpractice cases should always be handled by personal injury attorneys with substantial med mal experience. The good news is most personal injury attorneys won't charge any fee for an initial office consultation.

Before contacting the attorney(s) it's important to assemble all of your father's medical records. Include PET Scan results, CAT Scans and MRI results, and any other tests performed. Also include all notes from his admitting chart to his discharge orders and everything in between.

While compiling this information it would be in your best interests not to discuss with the medical facility or any of its employees or representatives the reasons you are requesting the records. Just quietly get them, prepare them, and then copy them to be given to the attorneys with whom you will be consulting.

From the facts you present you appear to have some basis for a medical malpractice claim. Once you present all the facts and the medical records to the attorneys you will know for sure the plausibility of such an action.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy