A Minnesota medical malpractice lawsuit brought by the family of a young girl with cancer can proceed following an Appeals Court ruling that the case fit the state’s unique provisions regarding what constitutes unlawful errors made by doctors.
Soon after the birth of Jocelyn Dickhoff in 2006, a bump was noticed on her body that went undiagnosed by Dr. Rachel Tollefsrud, her physician. A pediatric oncologist eventually diagnosed the bump as a relatively rare form of a childhood muscular cancer. By the time doctors made the diagnosis, the cancer had spread to other parts of Jocylyn’s body, the Star Tribune reported.
In 2009, Kayla and Joseph Dickhoff, Jocelyn’s parents, brought a medical malpractice lawsuit against Dr. Tollefsrud and the Family Practice Medical Center. The lawsuit was initially tossed by a lower court that cited state laws that allow medical malpractice cases only if a misdiagnosis lowers the likelihood of a patient’s survival from “likely to unlikely,” according to the newspaper.
Arguing that the medical misdiagnosis had lowered Jocelyn’s chances of survival from 60 percent to 40 percent, the family appealed the ruling and received a unanimous Appeals Court decision to allow the malpractice lawsuit to continue.
Jocelyn’s parents say her chances of survival currently are only 5 percent, according to the paper.
If your life has been put in danger because of a doctor’s negligence, speak to Sokolove Law today about pursuing a medical malpractice lawsuit.