QUESTION
Can I sue for medical negligence if the doctor failed to do proper tests and treatment?
Asked on Sep 28th, 2014 on Personal Injury - New York
More details to this question:
I went to ER with history of an illness and did not receive proper treatment or testing. The medicine I was given while at the hospital made the issue worse. I had to go to another facility to get proper testing and treatment. Pain had been ongoing for 2 weeks before I got proper treatment. My husband lost work due to me being sick.
1 ANSWER
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In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough. You will need to get copies of ALL of your medical records and have a doctor review them; if he/she is willing to testify that the hospital failed to conform to accepted practice, then you have a case. But even then, you have to prove how much worse you are as a result of the malpractice. These cases are difficult and expensive to prove and they do not settle out of court. So unless you have catastrophic injuries, it does not make financial sense to go forward even if malpractice was committed.
Answered on Sep 29th, 2014 at 11:46 AM