Possible missed diagnosis

[questionforall]

What is the name of your state (only U.S. law)? CT

My mom is currently being tested for possible/likely Lung Cancer. MRI shows lymph node involvment near the trachea, a mass in the lower lung with a mass also seen on the adrenal gland. She will be having biopsy in a few days. Assuming this is Cancer she has a long road ahead of her. A few years back (about 4?) she had an xray for another non-related surgery that showed a "shadow" in that same lower lung. She was told this was "scar tissue". I am guessing it may not have been scar tissue at all but was the early stages of Lung Cancer. Praying for the best but my question is...Would this be basis for compensation for missed diagnosis and what is the time in which she would be allowed to file a lawsuit. The original doctor that did the xray is now is retired. Doe sthis make a difference?

 

[OHRoadwarrior]

You need to have this evaluated by a malpractice attorney.

 

[lealea1005]

Is the current Radiologist aware of the prior x-ray so s/he could compare the films?

 

[questionforall]

xray

I did mention the past finding and the doctor said that the films can be compared. My mom will have to get them though. Of course this is not her immediate focus. Her doctor did retire and is out of state, what is the statute of limitations in a case like this? Is it two years from the date of diagnosis? records are kept for 10 years?

 

[lealea1005]

I did mention the past finding and the doctor said that the films can be compared. My mom will have to get them though. Of course this is not her immediate focus. Her doctor did retire and is out of state, what is the statute of limitations in a case like this? Is it two years from the date of diagnosis? records are kept for 10 years?

You Mother can sign a release for you to pick up the actual films at the facility she obtained the x-ray, or she can have the films sent directly to her Physician.

In CT, Phsyicians must retain medical records for 7 years after the last treatment or 3 years after date of death. However, x-rays are only required to be retained for 3 years.

The SOL is 3 years from the act of malpractice.

 

[questionforall]

so....

Does this mean because the xray was 4 years ago that the SOL is expired and she would be ...(excuse the pun) SOL? (***out of luck)

 

[araceliz]

i am a medical assistant student.. ur limitations start from the day u receive all the x rays and compare x rays and see the proof...

 

[ecmst12]

Are you in OP's state? Do you have anything to back up your statement? Because in many states that's not remotely true, and even if there is an extension for discovery of the (potential) malpractice there is still a limit on the length of time it can be extended.