Trisha, I'm sorry for your loss. Speaking in general terms, the test for malpractice is if the doctor performed the steps at a standard to be expected from a professional with the same qualifications (ie. a specialist is held to a higher standard than a gp).

If you want to pursue this, seek a second opinion from another malpractice lawyer, a local bar association should be able to give names. You will likely need the details of the procedure and risks for an informed opinion.

Take some time to grieve your loss before deciding what you want to do.

Best wishes,

Tina
Diag: Aug. 13/12
T3N0M0
50% + glossectomy and bilateral radical neck dissection, removal of nodes zones I - V
Surgery October 11/12
Chemo/rad on hold due to clear margins and nodes
Sept 21/13 clear CT with anomaly thought to be the artery, being watched closely.
Dec 16/13 - anomaly confirmed artery, all clear
nickname: "get 'r done"
Plans: kick cancer's butt