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Consuela: Hi Jason, my brother-in-law recently passed away from lung cancer. We are heartbroken about it, and we think the doctor could have caught this much earlier. He left behind a wife and four kids, and we are all very worried about them. Do you think they have a case for medical malpractice?

Jason:  I’m so sorry to hear this, Consuela. My condolences to the family.  Why do you think the doctor could be at fault in your brother-in-law’s death?

Consuela:  Well, he went to the doctor multiple times complaining that it was hard to breathe. He had chest pain too. They did a few tests on him, but nothing extensive. Eventually they gave him medicine for acid reflux.

Jason: How long was he complaining about this before he got a proper diagnosis?

Consuela: He ended up having to go to the hospital and that’s when they caught it – not at his doctor’s office. But this was months later, and it was already in stage 3.  It’s so sad. Do you think this would qualify as medical malpractice?

Jason:  It’s very possible, Consuela. Medical malpractice cases commonly involve misdiagnosis, improper treatment, or failure to warn a patient of the risks of a particular procedure or treatment. Based on what you’ve shared, this could be a case of misdiagnosis.

Consuela: It’s still just so hard to believe, Jason.

Jason: Unfortunately, medical mistakes are common. They are currently the third leading cause of death in the United States. And most of the mistakes go unreported.

Consuela: So what would be our next steps?

Jason: You’ll have to prove that the doctor was negligent in handling your brother-in-law’s diagnosis and treatment. The law doesn’t require that doctors are perfect, but they must operate with reasonable care and skill when it comes to their patients.

Consuela: I guess we’d need a lawyer for that right?

Jason: I would highly recommend it. These cases can be complex. There are many rules and regulations surrounding this issue. An experienced lawyer could bring in expert witnesses and other evidence that provides clarity to the case and improves your chance of compensation.

Consuela: Would this be expensive? I know I can find a lawyer for car accidents that doesn’t charge a lot of fees upfront, but is this the same with medical malpractice?

Jason: Medical malpractice is a personal injury case. And yes, there are lawyers who will take this on with no upfront charges. My clients don’t pay me anything unless we win their case – whether it is a car accident, work injury, or even medical malpractice.

Consuela: Thank you, Jason!

DeSouza Law firm is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at

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