QUESTION

Can we file a lawsuit for misdiagnosis?

Asked on Jan 05th, 2014 on Personal Injury - California
More details to this question:
My daughter went to the emergency room complaining of ear pain. The doctor told her that her ear was red and she had an ear infection and put her on medication. The next day she lost total movement to the right side of her face due to bells palsey. She did not have an ear infection at all and was told if blood work had been done they would have noticed that it was the onset of the bells palsey and not an ear infection. She is still being treated for the bells palsey and is now having to take medication for trigeminal neuraligia.
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8 ANSWERS

If you can show negligence you should have a chance at recovery.
Answered on Jan 14th, 2014 at 12:25 PM

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Criminal Law Attorney serving Columbia, SC at O'Leary Associates, P.A.
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Yes, but you need an attorney to obtain an expert's evaluation and written opinion. Also, issue of damages and permanency may be an issue
Answered on Jan 10th, 2014 at 10:06 AM

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Ronald A. Steinberg
If you can find a doctor who will say that there were signs that a blood test was required, and that failing to take one was malpractice, then you can sue. But, you will also have the burden of proving that by starting therapy at that time, the Bell's palsy would have been prevented, or significantly altered.
Answered on Jan 08th, 2014 at 11:29 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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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, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. In your daughter's situation, pain and redness often do indicate infection. There may also be a question as to whether an earlier, correct diagnosis would make a difference in the ultimate treatment and recovery of the Bell's Palsy. Still, an expert opinion might yield a result that the doctor did not use proper protocols and that had he done so, the correct diagnosis would have been made and correct treatment would have been effective. You would need expert opinion testimony in any event, which will cost thousands of dollars. Do not hesitate to contact a lawyer in your area who handles medical malpractice cases.
Answered on Jan 08th, 2014 at 11:29 PM

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Thomas Edward Gates
Not likely. If they followed standard procedures that a reasonable doctor would follow given the symptoms then they will not likely be found negligent.
Answered on Jan 08th, 2014 at 11:26 PM

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Robert J. Sayfie
If the misdiagnosis resulted in further injury that could have been prevented, and if an expert witness who is a doctor practicing in the same field as the treating physician states in an affidavit that the treating physician breached the standard of care in the community, then yes.
Answered on Jan 08th, 2014 at 11:25 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Not likely, the Bell's palsy is not a damage caused of the alleged error.
Answered on Jan 08th, 2014 at 11:25 PM

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You have to show that that misdiagnosis caused some damage e.g., the Bell's Palsy would not have developed or been as severe if it had been determined the day before. I doubt you could show that; you should consult with some medical malpractice attorneys to see if they feel you have a cause of action.
Answered on Jan 08th, 2014 at 11:24 PM

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