Hawaii Injury Lawyer Blog

According to Courthouse News from Honolulu, the family of a NFL wide receiver is suing their father’s doctor for medical malpractice after the player died from skin cancer. William Parks, a former wide receiver for the Dallas Cowboys, San Diego Chargers and Houston Oilers, worked as a carpenter for a doctor friend after retiring from the NFL. In exchange for Parks’ services – and part of a barter agreement - the friend provided medical services. When Parks displayed signs of skin cancer however, the physician friend failed to diagnose his cancer and follow proper testing procedures. The family asserted that their father should have been treated at the Kohala Family Heath center and had a suspicious mole biopsied at that facility, but because the doctor would have to pay based on the barter agreement, he failed to follow proper standards.

Many different types of medical errors may constitute medical malpractice. Not only may errors in treatment constitute negligence but also a failure or delay in diagnosis may be considered medical malpractice. A physician must properly diagnose a condition in order to treat the ailment. Doctors are expected to recognize potential symptoms of caner in order to properly diagnose and treat a patient. A knowledgeable medical malpractice attorney can review claims of failure to diagnose and help you determine if you qualify for compensation.

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News reports that the U.S. government has paid the spouse of an Air Force sergeant $7.5 million as the result of a medical malpractice lawsuit. The federal appeals court upheld the 2008 verdict by the Guam district court in March. The court determined the amount was not excessive based on the extent of injuries the woman sustained at Anderson Air Force Base clinic.

Here, the woman suffered a herniated spinal disc and went to the clinic. She complained of numbness in her groin, legs and feet several times. However, the medical staff failed to diagnose her condition. Both and nurse and doctor’s assistant failed to perform basic medical tests, did not report the case to supervisors and misdiagnosed the woman’s condition. The woman needed emergency surgery in Hawaii, and still suffers nerve damage as the result of the medical malpractice.

Obtaining an appropriate diagnosis it critical to receive appropriate treatment. When health care providers fail to diagnose a particular medical problem, he or she may have committed malpractice. As a result, the health care provider may be liable for the damages caused by committing medical malpractice.

Although active duty service members may not bring medical malpractice lawsuits due to the Feres Doctrine, which shields government from liability, military dependents may bring medical negligence lawsuits in civil court.

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In recent weeks, Teddy Forstmann – a billionaire businessman for International Management Group - has revealed that he is recovering from surgery on a malignant brain tumor that doctors failed to diagnose for about a year. Fortsmann’s reportedly misdiagnosed cancer is the same type that affected Senator Ted Kennedy. For over a year, Fortsmann’s health condition was diagnosed as potentially related to various injuries, such as meningitis. The Mayo Clinic recently diagnosed it as brain cancer.

Although all the facts surrounding this matter are unknown, this incident underscores the need for a proper diagnosis in order to treat an ailment. A misdiagnosis can happen to any one. Health care providers should be trained how to diagnose medical conditions as early as possible in order to begin treatment as early as possible. The failure to comply with the standard of care for diagnosing a particular medical problem – such as cancer - may constitute medical malpractice.

Reports indicate that Fortsmann has a type of tumor call a malignant glioma. Patients with the least aggressive type can live 10 years, while those with the most aggressive types may live no longer than 18 months. Here, due to the reported delay in diagnosis, Fortsmann’s chances for living longer may have been compromised.

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