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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 111644
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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My son was diagnosed with a brain tumor a year and a half

Customer Question

My son was diagnosed with a brain tumor a year and a half ago. It is inoperable and he has declined chemo or radiation. He is 33 years old and. is disabled due to seizures. His oncologist told him 11/15 that without treatment his prognosis was poor and had a year or less to live based on MRI results. This was a shock to the family my son turned back to methamphetamine to cope. I have gained 40 pounds and take Klonopin to sleep at night He went to MD Anderson 9/1 for second opinion based on July 2016 MRI results NP said 18 month prognosis Dr said up to 5 years with treatment up to one year without. My son hasnt got those records yet. Meanwhile he is on hospice for symptom control migraines seizures and shortness of breath. They prescribe morphine and dilaudid for him. I got a call from his hospice nurse yesterday that their medical director that they spoke to his oncologist and based on his latest MRI tesults he has 6 to 12 year prognosis so now hospice is going to discharge him.Same Dr who said a year 11/15 and total contradiction from MD Anderson. I will get their records. This has caused so much stress and confusion. Does my son have any legal recourse ?
Submitted: 1 month ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 month 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.
In order for your son to have legal recourse, he will need to have another medical expert to testify that the doctor has misdiagnosed him and his prognosis. Under Texas law, Tex. Civ. Prac. & Rem. Code. § 74.351, you are required to have an affidavit from a medical expert explaining how the doctor's conduct was below the reasonable standard of care before your son can even file a lawsuit. So your first step is you need to get a medical expert. If the expert determines the doctor was acting below the reasonable standard of care and is willing to sign an affidavit to that effect, then you need to get that and his medical records to a local medical malpractice attorney who can then file suit.
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