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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 113385
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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Medical info Patient at DC VA hospital. Had a chest X-ray

Customer Question

Medical info
Patient at DC VA hospital. Had a chest X-ray before hand surgery in February. X-ray showed a mass on the patients lung. Patient was NOT notified, had no treatment, no follow up, no further investigation. With a chest pain complaint - patient had chest X-ray 9/5, physician had concerns about mass on lung and referred patient for a cat scan the week of 9/21. Patient could no longer tolerate chest pain and went to ER on 9/19. A cat scan was ordered after the chest X-ray showed mass on lungs. After the cat scan results she was admitted for a biopsy and further treatment. Doctor says mass has grown visibly since 9/6. All indications so far show the mass is cancer. Does she have a malpractice case if she is diagnosed with cancer?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the doctor misdiagnosed the patient or failed to seek to take action on the mass found in the x-rays, then the doctor is negligent and can indeed be sued for malpractice. You will need a medical expert in DC as the laws say you need an expert to testify. See; Robbins v. Footer, 553 F.2d 123 (D.C. Cir. 1977).

Your first step then because of the law, is that you must get a medical expert to write a certificate that the mass should not have been missed and the standard of care was to send the patient for further examination and this doctor failed to do so and thus committed malpractice. Your second step, which can be done at the same time, is to get a local medical malpractice attorney to represent you, because these cases ultimately would need an attorney to pursue these claims through a hearing and court.