Do I have a case for Thyroid Cancer Delayed Diagnosis?

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I am a veteran & was seen at the VA Medical Center for service connected disabilities. An MRI was done Nov. 1, 2010 where a thyroid nodule was discovered. I had been complaining of sore throat, raspy voice, swollen lymphnodes, etc since October 2010. Nothing was mentioned about the nodule until I saw a different VA doctor the end of Feb. 2011. It took another few weeks to get an ultrasound. My throat swelled & I experienced a lot of pain. I went to VA Urgent care and was told by the Dr there that "there was nothing wrong with me". I decided to then see my private doctor who got me in for a FNB, which turned out to be cancer. The cancer had tripled in size from first discovery to June 2011, which resulted in recurrence & recurrence the rest of my life. It has affected my work & home life.

Attorney Answer

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Joseph Jonathan BrophyEthics / Professional Responsibility LawyerWhite Plains, NY ·
Nobody can tell you if you have a good case based on the limited information in an post. It does seem that you have a problem that needs looking into. If you do have a case against the VA, it needs to be filed in Federal Court under the terms of the Federal Tort Claims Act (FTCA). FTCA actions have very detailed technical requirements and not all lawyers are familiar with them. You need to seek out a medical malpractice lawyer in your state who is experienced in FTCA cases. Consultations with such lawyers are generally free. You can get your VA records free for the asking. If you do get the records, leave them in the order you got them, don't drive yourself crazy trying to read them, and don't mark them up. Leave that up to the lawyers and the medical experts.
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