Is this issue possible malpractice?

[angela1961]

What is the name of your state?

California

My father was diagnosed with stage (5) prostate cancer in
1997 and died in 2001.

If a primary care doctor ignores abnormalities detected in a
lab test result is he neglegent if the patient is later diagnosed with terminal
cancer?

Is he also liable for neglecting to refer the patient for additional screening and that patient
dies as a result?What is the name of your state?

 

[seniorjudge]

What is the name of your state?

California

My father was diagnosed with stage (5) prostate cancer in
1997 and died in 2001.

If a primary care doctor ignores abnormalities detected in a
lab test result is he neglegent if the patient is later diagnosed with terminal
cancer?

Is he also liable for neglecting to refer the patient for additional screening and that patient
dies as a result?What is the name of your state?

Medical Malpractice - Adults: California law requires that medical malpractice actions be commenced within one year from the date that you knew, or through the exercise of reasonable diligence should have known, of the injury (including death), and of its negligent cause, or three years from the date of the actual injury, whichever occurs first. The same applies to other adult family members who may have a right to sue for such matters as loss of consortium, emotional distress, etc. The three-year limitation period may be extended if fraud is involved, or intentional concealment by a defendant, or when a foreign object which had no therapeutic purpose is left in the human body.


Your question appears to be moot. (This is from a lawyer's webiste...I won't give you the address since I do not want to advertise for that lawyer.)

 

[CALIF-LAWPRO62]

My response:

I responded to this idiot, yesterday - -

https://forum.freeadvice.com/showthread.php?p=1399756#post1399756


IAAL

 

[ecmst12]

Just for argument's sake, if the SOL was not expired, it's *possible* that a lab abnormality that was not reported to the patient as important, leading to late diagnosis of cancer, could be considered negligent. But that would depend on what the abnormality was of course. And would also depend on the other circumstances of the case.