QUESTION

i had a mri 2 years ago and doc said he was gonna send a refferal for speacialist and didnt

Asked on Nov 15th, 2014 on Medical Malpractice - California
More details to this question:
Leaving me in pain for 2 year with every step until 2 days ago when my new doc did surgery and stated that, i shouldve had survery when i first got the mri, which made me wonder if i have a case
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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I do not think you have a viable case if the surgery obviated the problem, because two years of pain and suffering probably do not make a financially viable case. The articles linked below discuss this in more detail. Beyond this, under the law you have a duty to mitigate your damages, so a big question will be why you didn't take steps to follow up and get the MRI when the first physician failed to follow through.  If you want to investigate a 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.  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. 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. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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  Click here for my website. 
Answered on Nov 15th, 2014 at 7:31 AM

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