More details to this question:
I been seeing a doctor for two years with my son who has leg pains and she never took blood or X-rays she always told me they are growing pains he will be fine
Well just last Friday I took him to a doctor and he took X-rays three forms of blood and she called me and told me one test come back positive for limes disease well we can't figure out
How long he has had it because she would never take blood, only rash I knew of was the eggimma rash which the same doctor to me that's what it was now there thinking the rash was from the wood tick
And it's been two years can I sue her for what she has done? Considering this could have killed him
1 ANSWER
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John J. Ratkowitz
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A complaint of leg pain does not compell a diagnosis of Lyme disease. Also, Lyme disease is a particularly hard diagnosis to make. To know whether you have a case worth investigating, an attorney would have to review the medical records.
Regarding the SOL issue, since your son is a minor, you are probably ok. Statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.
If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
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Answered on Jul 08th, 2013 at 10:12 PM