QUESTION
Do I have a medical malpractice case? I live in pa could not choose proper legal practice
Asked on Jul 26th, 2012 on Business Law - Alabama
More details to this question:
I was complaining for years of a burn in my spine with extreme back and leg pains. I saw a doctor he marked me with no testing a drug addict in my file. Sent me to a pain mamagement dr he said with no testing I had no problems and refered me to a psychiatrist. That the problem is mental. That night I went to the er with pain paralyzing conditions and no ability to use my legs and loss of bladder control. While in the er they found a mass cluster avm in my right brain. Three weeks later I had brain surgery with 3 inches of my brain removed. Now I am living with chronic pain in the left side of my body with many memory issues, comprehension problems, sensation loss and motor skill issues.
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The answer is "maybe." In order to prevail in a medical malpractice case, you will need to prove that your physician deviated from the accepted community standard of care in failing to diagnose your condition. In other words, you will have to prove that another competent physician with the degree of skill and care as are customarily exercised in your community would have diagnosed the condition when your doctor failed to do so. Your facts, as you set them forth, do not allow this conclusion, although it is possible that an evaluation of your medical records by an expert will point to precisely that conclusion. You need to have a consultation with an attorney who does plaintiffs' med mal work. Good luck.
Answered on Jul 26th, 2012 at 9:45 PM