I am sorry to hear about this. This one may be a little tricky. The issue is that it seems like more than one doctor has diagnosed her with Parkinson's disease. Since more than one doctor believed it was Parkinson's, it may not be a failure or breach of the standard of care - which is required for these types of cases. Since two or more doctor's diagnosed her with Parkinson's and in fact she does not have Parkinson's, it means that there are actually 2 events of misdiagnosis. What you would need in the long run is another doctor to say that it is clearly not Parkinson's and that the other two doctors should have realized it was not Parkinson's and their failure to do so was a breach in the standard of care. This may be hard since it seems like she presented with symptoms of Parkinson's and since she has not properly been diagnosed. However, it is possible that you may have a case, but it would likely be difficult considering the circumstances. What you should do if you are still interested in pursuing this matter is request all your mother's medical records from all doctor's and health care facilities she has seen regarding this and you should start calling lawyers in your local area who handle medical negligence or malpractice cases. They will likely want to evaluate the medical records prior to letting you know if they think they can help. Most consultations and evaluation of the records are free. Also, note that there is a time limitation in which you can bring an action regarding this matter. A local attorney will be able to better advise you of this limitation. I am sorry about your mother and I hope this information helps. Best of luck!
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this information.
Answered on Jun 01st, 2012 at 11:22 AM