QUESTION

Who should be sued when a patient is missed diagnosed by a MD working under a HMO?

Asked on Jul 25th, 2013 on Medical Malpractice - New York
More details to this question:
The patient reported unexplained pain and numbness to upper back and arm. PMD diagnosed as a pulled muscle despite the patient informing him of no recent injury/trauma/heavy lifting and giving both her own and familial medical history. MD's only ordered treatment was a referral to physical therapy and Motrin, no diagnostic testing was done despite patient's request. Patient returns to the MD with increased pain and due to urging of a family member and MD again refuses to order any diagnostic test and continues with same diagnoses. Physical therapist asks the patient for diagnostic results and agreed that it should be done prior to ordered therapy. Patient explains continued pain to another doctor at the same facility during another visit. This doctor observes swelling in the reported area but still follows PMD's diagnoses and does not order any test. Pt lives with increased pain for months before administration gets involved. Finally test were done,results were Advanced Lung Cancer
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1 ANSWER

Matrimonial Law Attorney serving New York, NY at Law Office of Gerry Wendrovsky
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These are the questions that an attorney should be asking when reviewing a potential malpractice case. If indeed the failure to order testing led to months of delay in a diagnosis of lung cancer, then these facts, as well as who should be sued, should be reviewed and determined by a qualified malpractice attorney immediately. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com  
Answered on Jul 25th, 2013 at 2:34 PM

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