QUESTION
Do I have a medical malpractice case?
Asked on Mar 15th, 2013 on Medical Malpractice - California
More details to this question:
6 years ago I went to see my Dr. about some hearing loss in my right ear. He treated me for a few months (hearing tests, steroids), then my insurance ran out (timed out of my parents insurance). The problem was never remedied and additional symptoms arose over the years. I eventually went to see an ENT Dr. because the additional symptoms were becoming too much to bare. At that initial appointment he administered a hearing test and ordered an MRI. I was diagnosed a week later with having a large brain tumor. Th Dr. even stated that he cannot believe the other Dr. did not order an MRI because he would have clearly seen the tumor. I had surgery 1 month later, I was uninsured and the costs are rising. In addition I have lost hearing in my right ear, have balance issues, and cognitive issues caused by pressure from the tumor on my brain stem.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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You should definitely investigate a medical malpractice case. In the absence of another explanation for single sided hearing loss, he should have ordered imaging studies. You will have to overcome a statute of limitations problem, but you should be able to do that by virtue of the discovery rule.
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 and should expect when pursuing 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 Click here for my website.
Answered on Mar 18th, 2013 at 10:24 AM