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Doctor withheld after repeated requests the results of a PET…

Customer Question
Doctor withheld after repeated...

Doctor withheld after repeated requests the results of a PET Scan that were CLEAR & the doctor continued chemo damaging my husbands health which was fragile & marginal -this last treatment lead to a domino effect and his death

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oregon

Lawyer's Assistant: Has anything been filed or reported?

Not at this time still obtaining medical records led October 1, 2017

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
11/21/2017
Lawyer: RobertJDFL, Attorney replied 7 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,209
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. My deepest condolences on your loss, first of all. What is your specific legal question? Are you asking what would have to be proven in a medical malpractice suit? Are you asking how to report the physician?

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Customer reply replied 7 months ago
I can PROVE through a chain of emails that the information about the scan results was withheld until he had received another chemo treatment. Doctor was told that even if the scan was worse he would quit chemo...the scan was completely clear, multiple requests for information about the scan and no answer. Dick took the last dose of chemo when it was NOT necessary. That last dose began a domino effect of medical problems that ended with his death Oct 1, 2017
Customer reply replied 7 months ago
This is a minimal over view & I want to know if it is @ the malpractice standard. No phone call necessary
Lawyer: RobertJDFL, Attorney replied 7 months ago

The phone call request comes from the site automatically, not me --sorry. Feel free to ignore it if you get another one.

Based on those limited facts, I would say yes, but a full case evaluation would have to be done by a medical malpractice attorney. In Oregon, you have 2 years from the date of injury to file suit or be barred by state law, in most cases.

To prove medical malpractice, you have to prove:

1) The doctor owed a duty of care (all doctors owe a duty of care to their patient)
2) They breached that duty -that is, their treatment fell below the normal standard of care a reasonable doctor in the same setting would have given
3) The breach of that duty resulted in damages (in this case, the complications and death of your spouse); and

4) But for this negligence, the damages would not have resulted.

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Lawyer: RobertJDFL, Attorney replied 7 months ago

Medical malpractice cases are very expensive, complex legal matters. You will need expert witnesses -typically other physicians -- to testify as to the standard of care that would be applied in such an instance, proper treatment, etc.

These cases are generally taken on contingency, meaning you would pay no fees or costs unless the firm recovered money for you.

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Lawyer: RobertJDFL, Attorney replied 7 months ago

Note also that Oregon does impose a cap on non-economic damages, such as pain and suffering or loss of companionship, at $500,000 in medical malpractice cases.

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Lawyer: RobertJDFL, Attorney replied 7 months ago

If there is anything I can clarify for you, or additional information you need about this matter, please REPLY WITHOUT RATING FIRST, and I'll be happy to help further. Otherwise, if I have fully answered your question, please leave a positive rating by clicking on the stars at the top of the page. This is the only way experts like myself are compensated by the site for our time and assistance. Thank you.

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