Hospital didn't notify us of recommended testing

[KTC]

Arizona

My husband was hospitalized with pneumonia in May. The hospital ran several tests including a CT of his chest. In the reports, the doctor noted that the results showed the pneumonia but he couldn't rule out an underlying neoplasm and said that further testing should be conducted. Neither the doctor nor the hospital ever contacted us regarding the results. We moved to another community and it took over 4 months for the hospital to send my husband's records and only did so after I threatened them with legal action. The testing recommended in the original report was conducted in September without the original hospital records and it was determined that at that point he had late stage lung cancer. I asked his oncologist if we'd started treatment in May if the outcome would have been more positive, he said "Yes, most likely so". The following are excerpt from my husband’s medical records for his hospitalization last May:

“Computed tomography scan of the chest done revealed prominent right upper lobe infiltrate with a pleural effusion, cannot rule out underlying neoplasm. There is right paratracheal adenopathy.”


“IMPRESSION: 1. Prominent right upper lobe infiltrate with small right effusion. Recommend followup imaging following treatment to ensure resolution and exclude the possibility of underlying neoplasm.”

My husband passed away this evening and my family wants to know if we have recourse?

 

[CTU]

Arizona

My husband was hospitalized with pneumonia in May. The hospital ran several tests including a CT of his chest. In the reports, the doctor noted that the results showed the pneumonia but he couldn't rule out an underlying neoplasm and said that further testing should be conducted. Neither the doctor nor the hospital ever contacted us regarding the results. We moved to another community and it took over 4 months for the hospital to send my husband's records and only did so after I threatened them with legal action. The testing recommended in the original report was conducted in September without the original hospital records and it was determined that at that point he had late stage lung cancer. I asked his oncologist if we'd started treatment in May if the outcome would have been more positive, he said "Yes, most likely so". The following are excerpt from my husband’s medical records for his hospitalization last May:

“Computed tomography scan of the chest done revealed prominent right upper lobe infiltrate with a pleural effusion, cannot rule out underlying neoplasm. There is right paratracheal adenopathy.”


“IMPRESSION: 1. Prominent right upper lobe infiltrate with small right effusion. Recommend followup imaging following treatment to ensure resolution and exclude the possibility of underlying neoplasm.”

My husband passed away this evening and my family wants to know if we have recourse?

I'm terribly sorry for your loss.

But I can't help but do a double-take at the last sentence.

Go be with your family. The legalities can wait.

(fwiw, I was also widowed, at a very young age. I can honestly say, "I know how you feel")

 

[quincy]

Arizona

My husband was hospitalized with pneumonia in May. The hospital ran several tests including a CT of his chest. In the reports, the doctor noted that the results showed the pneumonia but he couldn't rule out an underlying neoplasm and said that further testing should be conducted. Neither the doctor nor the hospital ever contacted us regarding the results. We moved to another community and it took over 4 months for the hospital to send my husband's records and only did so after I threatened them with legal action. The testing recommended in the original report was conducted in September without the original hospital records and it was determined that at that point he had late stage lung cancer. I asked his oncologist if we'd started treatment in May if the outcome would have been more positive, he said "Yes, most likely so". The following are excerpt from my husband’s medical records for his hospitalization last May:

“Computed tomography scan of the chest done revealed prominent right upper lobe infiltrate with a pleural effusion, cannot rule out underlying neoplasm. There is right paratracheal adenopathy.”


“IMPRESSION: 1. Prominent right upper lobe infiltrate with small right effusion. Recommend followup imaging following treatment to ensure resolution and exclude the possibility of underlying neoplasm.”

My husband passed away this evening and my family wants to know if we have recourse?

I, too, am sorry for your very recent loss.

There is a two year statute of limitations, from the date the cause of action accrued, for filing a medical malpractice case in Arizona. You should give yourself some time to mourn before considering any legal action.

With late stage lung cancer, it would be difficult to show that treatment a few months earlier would have significantly changed the outcome or prolonged your husband's life but you can have the medical records personally reviewed by experts in your area.