The family of Melissa Hendricks, a Texas woman who died from cancer that went undiagnosed for over a year, has been awarded $3.5 million in her wrongful death lawsuit.  It is reportedly one of the largest medical malpractice verdicts in Denton County history.

The suit alleged that in 2002, Hendricks found a small lump on the top of her head prompting her to visit the Highland Family Medical Center where she was seen by Dr. Stephen Glaser.  Hendricks communicated to Glaser her concerns about cancer, which had taken her mother’s life years earlier.  Glaser dismissed her concerns, however, and diagnosed the lump as a nonmalignant lesion known as a sebaceous cyst.

The cyst was removed the following week, however no subsequent testing or biopsies were performed on the sample to confirm or refute the diagnosis and it was discarded.

A year later, Hendricks noticed another lump where the original had been and at that point sought treatment with a different doctor.  It was only then that the correct diagnosis of sarcoma, a dangerous form of cancer, was reached.  Unfortunately, however, with no treatment for over a year, the disease had progressed rapidly.  Hendricks fought valiantly but lost her battle in December 2004, less than a year after receiving the correct diagnosis.

The jury awarded Hendricks’ family the hefty settlement which will likely be reduced due to damage caps in Texas.  It is important to also note that they attributed 10% of the responsibility to Hendricks herself for not being more aggressive about getting a proper diagnosis given her family history of cancer.

Early detection of cancer is critical because left undiagnosed, the disease can continue to spread and worsen.  Treatment options may also be limited in late diagnosis, severely limiting the success rate of the patient in beating the disease and potentially shortening their life.  If you have received a diagnosis that you are unsure about, it is important that you take the initiative and get a second opinion.  It could mean the difference between life and death.

Should you find yourself already a victim of cancer that went undiagnosed or was misdiagnosed as something else causing a delay in treatment, you may have legal rights.  Discuss your situation with a medical lawyer to find out more.

The Maryland court of appeals is giving the family of Pearline Brown Rice, who died of cancer after a tumor was misdiagnosed as arthritis, a third chance to fight their wrongful death suit.  The original case ended in favor of the family, awarding them over $11 million, but was overturned, and the first appeal denied.  A judge recently granted them another chance to pursue their claim.

In March 2001, Rice went to the University of Maryland Medical Center complaining of knee pain.  She was diagnosed as having osteoarthritis.  What she really had was a ruptured cancerous cyst, which went undiagnosed for several months.

By the time the disease was discovered, Rice had already lost precious time.  She underwent surgery, amputation, radiation and chemotherapy, but it was too late.  She died in March 2003.

In April 2006, a jury found in favor of Rice’s children, awarding them $11,003,000 in damages, but just a few months later the Medical Center was granted a new trial after a judge concluded that the verdict ran counter to the weight of evidence.

The second time around, the family’s suit was dismissed based on a new requirement that an expert’s opinion be filed along with a lawsuit and an issue involving the statute of limitations.  The Court of Special Appeals found that decision to be incorrect, and has again breathed new life into the wrongful death suit.

A verdict in favor of the defendant or a dismissal of your case doesn’t necessarily mean it’s over.  A good medical attorney will know if you have a chance to appeal your case and how to go about doing so in a timely manner.  If you have found yourself in this type of situation, speak to a medical lawyer about it today.

Being a victim of medical malpractice can be devastating.  You’ve surely got a lot on your mind, including dealing with the aftermath of the injury you’ve suffered and finding a qualified medical lawyer to represent your case.  With so much going on, and with so many attorneys to pick from, how do you know you’re choosing the right one?  Here are a few tips and suggestions to help you select the medical lawyer that’s right for you.

Do you feel comfortable with him? Working with an attorney means you will have to be completely open and honest about the details of your case and your medical history.  If you don’t feel comfortable with someone, this will be difficult and may negatively affect your case.

Will she be able to devote the appropriate amount of time and attention to your claim? It’s good to have a lawyer who has a lot of experience, but you want to be sure you don’t pick one that has too much on their plate at one time, because they may not be able to focus on your situation as much as you’d like.

Is he going to be the one who works on your case? A lot of attorneys have understudies and other partners that they delegate some of their work to.  Be sure you know ahead of time if the person you initially meet with is going to be the same one to represent you to the end.

What is her approach? There are a lot of medical lawyers out there, and each one has their own style and approach to handling their cases.  Be sure you know the style of the one you choose, and are comfortable with it, so there are no surprises along the way.

What is the fee? Victims of malpractice are often left strapped for cash, as they have already incurred tremendous medical expenses as a result of their injuries.  It’s important to know ahead of time if your attorney requires an upfront retainer prior to starting litigation.  Know that many medical lawyers will not collect their fee unless and until you win your claim.  If you are not in the position to pay anything upfront, this is the way you should go.

Of course, you will probably have a long list of your own questions that you want to ask a potential medical lawyer, but the ones above are very important, so don’t forget to include them when you have your initial consultation.

Being a victim of medical malpractice is never a choice to the patient.  It’s good to know that at least selecting a qualified medical lawyer is.

Medical malpractice happens when a doctor or medical professional fails to provide their patient with appropriate standard of care that another doctor or medical professional would provide in the same situation, causing injury and harm to the patient. People who are victims of medical malpractice have the legal right to sue the doctor in question for damages. But they should know that these types of lawsuits can be complicated, confusing and lengthy. Anyone considering suing a doctor or medical professional for negligence or malpractice should have the services of a medical lawyer on their side.

Medical lawyers specialize in claims and lawsuits involving medical malpractice, doctor’s negligence, hospital and nurse negligence and much more. They are highly trained, and have intricate knowledge of the law with regards to these types of claims. Filing a lawsuit without a medical lawyer can prove detrimental to your case.

There is a lot of research and work involved in malpractice suits, such as obtaining medical records, interviewing and choosing expert witnesses to testify on your behalf, preparing reports, and filing the case with the court. Most of this stuff is a mystery to the average person. Medical lawyers, on the other hand, do this every day, so hiring one to do the legwork for you just make sense.

Medical malpractice suits can take a lot of time, and sometimes drag on for months or even years. Because medical lawyers know the entire process, from start to finish, they are able to handle things much faster than if it were being handled by the patient alone.

The laws governing negligence cases are complicated and confusing. This is probably the most important reason to enlist representation from a medical lawyer. They understand the details of the law, and exactly how to work within them. A good example of this is the statute of limitations that most states impose on medical cases. Not knowing about this statute could easily mean filing a claim too late. Having an attorney will help to ensure that these laws are abided by and the claim is handled in a timely manner.

If the case goes to court, evidence will have to be presented, and testimony given on behalf of the patient. It is extremely difficult for the average person to represent themselves in a court proceeding, because most are unfamiliar with the process. This can lead to disaster, and the case not being successful. Medical lawyers are experts in presenting cases in court, and have a much better chance of winning a claim and getting compensation for the victim.

Most medical lawyers don’t collect any fees or payment until after the case is over, and was successful. This means that it’s absolutely no cost to hire an experienced attorney. Knowing all this, why would anyone choose to go it alone?