Pediatric Failure to Diagnose Cancer Case to Move Forward
Posted on Jan 25, 2012
Five-year-old Jocelyn Dickhoff likes to play with her dolls and do other typical five-year-old activities. Sadly, she also has cancer. Cancer, that her parents allege, should’ve been diagnosed by her doctor one year before it was actually diagnosed.
According to experts hired to testify in Jocelyn’s medical malpractice case, her likelihood of surviving cancer dropped from 60%, or more likely than not to survive, to 40%, or less likely to survive than not. Today her chances of survival are estimated to be about 5%.
The family’s lawsuit was originally dismissed in a Minnesota trial court. However, a recent ruling by the Minnesota Appeals Court will allow the case to be tried, unless the defendant doctor and medical center are successful on any appeal to the Minnesota Supreme Court. They argue that Jocelyn’s condition is the result of the natural progression of her disease rather than doctor error.
Our Atlanta medical malpractice lawyers are pleased to hear that the Dickhoff family will have its day in court and will be able to present the alleged cancer malpractice case to a jury. We extend our best wishes to Jocelyn for a full and fast recovery and to her family during what is likely a difficult time.