QUESTION

Do we have a case? (See below)

Asked on Jul 05th, 2012 on Medical Malpractice - Illinois
More details to this question:
MRI was done months back and dr. said it looked fine, just bruising. Days ago went back in and another dr. from the same place looked at old MRI, found tears and said you should have had surgery months back.
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1 ANSWER

Michael Clancy
It's hard to tell.  There are 2 issues-- whether a lawyer can get an expert radiologist to say that the first reading was below the standard of care and whether the delay in treatment has made the problem worse or harder to repair.  The only way to answer these questions is to consult with a lawyer who does medical malpractice cases.  He or she will either have you gather your records or gather them for you and then consult with experts.  While I know that it seems open and shut because of what the new doctor has said, my experience is that doctors frequently say things to patients that they won't repeat on the stand.  This means that it's almost certain that your expert will have to hire an expert to look at the films and talk about how the delay impacted you.
Answered on Jul 09th, 2012 at 12:57 PM

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