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Is this Malpractice?

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R

Rhernz

Guest
What is the name of your state? California Hello...Hoping you can help. My cousin is currently in the hopital with terminal cancer. We are all very distraught. How she got to the hospital...She was receiving chemotherapy and developed severe pain so her sister took her to the nearest hospital and they did some type of procedure that injects dye into her system. She is a diabetic and was not suppose to have procedure done according to her current attending physician at a different hospital. This caused renal failure and she is currently on dialysis. Family and doctors had a meeting yesterday and explained her prognosis...She cannot continue chemotherapy because of her kidney failure. The doctors say her kidneys may improve at which time they will continue chemotherapy. My question is, even though she is terminal, can the family pursue a malpractice claim against the other hospital because they ruined her kidneys injecting a dye she wasn't suppose to have? We feel our loved one could have a chance of living longer had the other hospital not ruined her kidneys...at least hope. Please advise. Thank you so much.
 


ellencee

Senior Member
Rhernz
Cancer patients have the right to receive medical care according to the acceptable standards of care; however, in order to have a meritorious claim of malpractice, the patient must have suffered significant damages that would not otherwise have occurred. There are more aspects to a viable claim of malpractice, but without the foreseeable significant damages, there is no compensation in an amount sufficient to justify the lawsuit.

Your cousin has terminal cancer, which can lead to renal failure. She also has diabetes, which can lead to renal failure. She has been treated, and was being treated, with chemotherapy, which can lead to renal failure.

Chemotherapy is a widely misused term; all medications are chemotherapy. Antineoplastic medications are used to treat cancers and there are dozens of different medications, combinations of medications, etc. It is impossible to know which regimen she has been receiving or the expected risks and affects of her treatment are. It is safe to say that antineoplastic medications are rough on the body and on the systems of the body. It is possible that the pain experienced by your cousin was the first indicator of renal involvement from cancer, diabetes, the chemotherapy regimen, or the failure of a body system such as could produce a thrombus in the renal system.

I realize that more likely than not, your cousin should not have received the test with contrast and that the renal failure is directly the result of that act of negligence. I do not believe that a legal action is an option. If you remain concerned about this issue, please consult with a medmal attorney in your area. Although you do not qualify as someone who can take legal action in this matter, unless you are her legal representataive, you can gain information that may be a source of comfort to her family and to you.

Best wishes,
EC
 

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