The Law & You

My Doctor Failed to Diagnose My Cancer. What Can I Do?

The Law & You
May 17, 2018

The Law and You

My Doctor Failed to Diagnose My Cancer. What Can I Do?

After the doctor failed to diagnose cancer, a viewer is ready to sue. What can be done? Medical malpractice lawyers Greg Fellerman and Ed Ciarimboli explain what her next steps should be.

Dave Kuharchik: We have an issue with a viewer tonight worried that her doctor did not diagnose cancer early enough. The guys are here with the answer. Attorneys Greg Fellerman and Ed Ciarimboli, good to see you guys.

Ed Ciarimboli: Well, we can do what we can to help.

Dave: Okay, let’s look at the scenario here for this viewer who says, “My doctor failed to diagnose a cancer in my liver. I was complaining for a year and he basically ignored me. I don’t have a good prognosis and I want to take action.” How can you help Victoria in Kingston?

Ed: So Victoria, the first thing you’re going to need to do is get all your records. Not only for that year but even before that. It’s going to be really important to establish what type of cancer you have, the staging of the cancer, and then be able to look and see if they would have diagnosed that cancer a year ago if it was possible or if you had symptoms that were indicating that you were had something going on and your doctor didn’t do anything about it would have it made the major prognosis different. Would you have a different outcome or potential outcome at this particular point. Those are going to be the real critical things. And if you are at that stage where you may not be surviving for much longer, then you’re going to have to take a deposition so your testimony is preserved. These are very, very, very emotional cases. We’ve done them a lot and those depositions are certainly not easy but necessary so that your loved ones can pursue the case.

Greg Fellerman: You know, these misdiagnosis cases, again, they are very difficult. You also have to remember that a lot comes down to experts. So the records are important and we have to get experts involved immediately to take a look at the care and make a determination that, hey, did the doctor miss it. If he missed it, did it cause the death that’s going to occur and the injury that you have? Very complicated, not easy stuff, we do a ton of this stuff. Pick up the phone and give us a call.

Dave: And don’t forget, these guys can help you if you need. And remember results matter attorneys Greg Fellerman and Ed Ciarimboli. Gentlemen, we’ll see you later.

Ed: Thanks, Dave.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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