QUESTION
Can I sue my doctor if she doesn't test me for medical problems that I wind up having?
Asked on Aug 08th, 2012 on Personal Injury - Michigan
More details to this question:
The story is that I had my yearly appointment with my family doctor, and in the middle of telling her my problems she told me she didn't have time for all my problems. With that said I was told all I was getting done was blood work. So my question is if I go and visit another Doctor in the Same building and my medical problems do exist can I sue my family doctor or anyone for that matter?
16 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Of course not. Your body, your sickness. Take responsibility for your own healthcare rather than look for someone to blame. Might as well sue God for giving you defective genes and letting make poor diet and exercise choices for years. The solutions to most problems start in the mirror. Leave your doctor be. She is trying. Fighting obesity must get old.
Answered on Jul 08th, 2013 at 12:02 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 10:39 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Anyone can sue anyone at anytime. Unless you have significant damages, no suit is worth filing.
Answered on Aug 23rd, 2012 at 3:25 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You will need another Dr. to put in writing that the first Dr. was negligent and that her negligence resulted in some damage to you. These are very difficult and expensive cases and it does not sound as if your damages are enough to justify a medical malpractice claim.
Answered on Aug 23rd, 2012 at 3:23 PM
From what you have stated, it appears that you have insufficient facts to sue anyone. However, if you want to pursue the matter further, you should consult with a plaintiff's medical malpractice lawyer for specific legal advice and direction regarding your medical issues.
Answered on Aug 23rd, 2012 at 3:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Doubtful. By all means, find out what your medical problems are so that they can be dealt with, regardless of any legal action you may have. But, in order to have grounds for a suit, you would have to show that you were made worse by your family doctor's inaction. Usually, the kind of problem we see is that the doctor says something like "don't worry, it's just a cyst" and it turns out to be cancer, but it became much worse because it was not treated. Here, you already know or suspect you have certain problems, so the doctor has not made you any worse by her inaction.
Answered on Aug 23rd, 2012 at 3:18 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Not without substantial damages. Even then, you need to prove that your doctor deviated from the standard of care and get another medical professional to agree. Very difficult to do but, if the damages are there (i.e. you lost a 75% chance of surviving cancer had it been detected earlier, etc.) you may have a shot.
Answered on Aug 23rd, 2012 at 3:18 PM
You need an expert witness for a malpractice claim and I think you will have a hard time finding one. What are your damages? You can always fie a complaint with the licensing board.
Answered on Aug 23rd, 2012 at 3:18 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only if the delay in diagnosis made your condition worse.
Answered on Aug 23rd, 2012 at 3:17 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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These cases require substantial injury so the answer is no.
Answered on Aug 23rd, 2012 at 3:17 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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What are your damages? All civil cases have two components: (1) liability and (2) damages. If your medical care was handled by the other physician, then how were you harmed? To win a medical malpractice case you must have another physician opine that your doctor performed below the standard of care, and then you must suffer damages. While your doctor was a complete jerk, holding her legally liable for being a jerk is not very likely. It is also doubtful that any attorney would take your case on contingency. If you were not diagnosed by your doctor and then your illness got severely worse because of the delay in diagnosis by your second doctor, then you may have a claim for damages.
Answered on Aug 23rd, 2012 at 3:17 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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First, get a doctor you can trust. If you have a problem that has not been diagnosed you may have a claim.
Answered on Aug 23rd, 2012 at 3:17 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Failure to properly diagnose MAY give rise to a cause of action. In PA, in order to perfect a medical mapractice case you will need to obtain a certificate of merit from a "like licensed" physician that states the treating physician's failures are a deviation from the relevant standard of care.
Answered on Aug 23rd, 2012 at 3:16 PM
Ronald A. Steinberg
Not unless you get sick or die.
Answered on Aug 23rd, 2012 at 3:16 PM
Dennis P. Mikko
A necessary part of any medical malpractice lawsuit is damages. Unless you were damaged by her actions you would not have a valid claim. However, based on what you have said, it is past time for you to find another doctor.
Answered on Aug 23rd, 2012 at 3:15 PM