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My mother is a breast cancer patient In 9/17 did a biopsy…

Customer Question
My mother is a...

My mother is a breast cancer patient
In 9/17 did a biopsy due a mass in her right side of the abdomen
10 days ago she went the hospital and they found a mass in her brain and went into operation
The biopsy she did in 9/17 was positive but no one told us
I called the doctor he said that he told me it is positive at the day of the biopsy and come in 2 weeks to start treatment
I don't recall this conversation at all
My sister called 2 times for the report and been the report not there yet she went to the office and they told her that too
What is my right here
Thank you

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

Nj

Lawyer's Assistant: What steps have you taken so far?

Non

Submitted: 20 days ago.Category: Legal
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Customer reply replied 20 days ago
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Answered in 48 minutes by:
4/1/2018
Lawyer: RobertJDFL, Attorney replied 20 days ago
RobertJDFL
RobertJDFL, Attorney
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Satisfied Customers: 14,621
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 20 days ago
Thank you
Lawyer: RobertJDFL, Attorney replied 20 days ago

Good evening,

I'm very sorry to hear about your mother. You don't have any legal rights here as you would not be party to any legal cause of action. Your mother may have legal grounds for a medical malpractice suit, but that is something that really cannot be stated for sure without a full case analysis. She would want to gather up her medical records and get a consultation from at least a couple of medical malpractice attorneys.

Medical malpractice cases are typically taken on a contingency fee basis, meaning there would be no legal fees or costs unless the attorney recovered money for her, but these cases are difficult to prove and very expensive to litigate. She would have to be able to show -through expert medical testimony - that her doctor breached their duty of care to her and but for their actions (in this case, not telling her that cancer had spread) she would not have suffered harm. To put it another way, perhaps she would have been able to live longer.

What's difficult in these cases -and what can make malpractice attorneys turn away from them sometimes -is that even with the misdiagnosis -it often doesn't change the outcome. This was the situation with my mother years ago where the doctor missed that her cancer had spread. Ultimately, it caused my mother to pass away - but no attorney would take the case because looking at her medical records, they determined that her cancer was terminal anyway. That's why I say that any lawyer would need to fully review her medical records before they could have an in-depth and knowledgeable conversation with her.

Your mom could also file a complaint with the medical board against her doctor if she believes that he was negligent.

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Lawyer: RobertJDFL, Attorney replied 20 days ago

Please let me know if I may clarify anything or provide you with additional information.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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