The mere fact that the radiologist read the film wrong does not necessarily mean that he was negligent. It is possible you have an anatomic anomaly that led to the diagnosis. That issue aside, if you suffered no ill-effects from the surgery, you probably do not have a financially viable malpractice case. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of the medical negligence for the case to be financially viable.
If you would like to investigate a case, however, 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 expect when filing a medical malpractice case.
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 Aug 03rd, 2012 at 10:07 AM