QUESTION

can i sue if over 50 doctors misdiagnosed a serious illness

Asked on Feb 16th, 2013 on Medical Malpractice - New York
More details to this question:
I got sick in 2009 and i new right away from working in the medical field what i had, i eventully ended up bedridden and have been for 4 years requiring 24 hour care, I am 30 yrs old. I saw many ent, neurosurgeons and skullbase surgeons and told them i knew i had a spinal fluid leak, finally after a long battle, this week the hole was found in my skull. I have made wel over 50 er visits seen a ton of doctors who mocked me, belittled me and told me i was crazy, i was right all along, but the damage has been done, I am in bad shape and very angry. Can I sue?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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You may have a malpractice case worth investigating, but the fact that multiple doctors failed to diagnose the condition argues against this. Also, there will be a statute of limitations issue. You may be able to overcome that problem if you can demonstrate that a reasonable person in your circumstances would not have realized that they were the victim of negligent care, but that is a fact sensitive inquiry and to answer the question is will have to look at all of your medical records very carefully. If you want to investigate a 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.  
Answered on Feb 16th, 2013 at 1:43 PM

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