If I was misdiagnosed with rheumatoid arthritis, treated with an RA med and now have bone cancer, would I be able to file a lawsuit against my doctor?
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If I was misdiagnosed with rheumatoid arthritis, treated with an RA med and now have bone cancer, would I be able to file a lawsuit against my doctor?
Asked on August 9, 2013 under Malpractice Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Among other things, you have to show a causal link between what you claim was the malpractice--in this case, the misdiagnosis and giving you the RA medicine--and the inury or harm: the bone cancer. That is, you would have to be able to show that this RA medicine caused your cancer; you would need to show this by the standard or proof in a civil case, or preponderance of the evidence (that it is more likely than not that the medicine caused the cancer). If there is evidence (such as scientific studies) showing this medicine can cause this type of cancer, you may have a viable case; but without evidence of a link to cancer, you most likely do not.
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