QUESTION
Do I have a case if the radiologisty misdiagnoised a rupture leaking implants and had surgery for nothing?
Asked on Oct 15th, 2013 on Personal Injury - California
More details to this question:
I'm a five year breast cancer survivor I have great insurance through the government. The referred company radiologist misdiagnosed my results twice. The first one was to be a breast biopsy I was prepared for the procedure. Another mammogram was performed at the hospital before the surgery. Results showed nothing there. They could not find one that looks suspicious. I just had another surgery on September 30, 2013. Results from MRI showing rupture leaking implants. My surgeon wrote a letter to my insurance and requested to have another MRI preformed at another facility. His request was denied and the refer was request back to original company radiologist so my surgeon removed the implants and replace them with new ones the old ones were intact and in perfect condition no holes tears nothing at all. I'm very upset, heartbroken and in pain from a surgery that I didn't need.
6 ANSWERS
Ronald A. Steinberg
I think that you have a valid claim. However, you need a competent radiologist to review the original films (both xray and MRI) and be able to testify that the first guy screwed up.
Answered on Oct 16th, 2013 at 11:16 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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It has to be established that the interpretation of the MRI was in error. If the misread was a close call or one that prospectively (looking at it at the time of the MRI) was consistent with a rupture, it will be difficult to prevail in a claim against the doctor. If you can obtain the 1st MRI and have it reviewed by an independent radiologist to determine if it was clearly misread then you may have a viable claim against the radiologist. It is possible that the radiologist, depending on the interpretation report generated to the surgeon, might argue that the ultimate decision whether to remove the implant was a decision to be made by the surgeon and thus try to exculpate himself from any liability. You are advised to discuss the specifics of your case with an attorney in your area that has experience in this type of claim I would be happy to talk to you to see if I can answer your questions and determine if there is merit to your claim.
Answered on Oct 16th, 2013 at 8:19 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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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. You will need to get copies of all of your medical records and have a surgeon review them; if he/she is willing to testify that your previous doctor(s) failed to conform to accepted practice, then you have a case. But even then, in order to be able to pursue the matter, the consequences would have to be severe enough to merit a substantial enough recovery to justify the time and expense.
Answered on Oct 16th, 2013 at 7:57 AM
James Eugene Hasser
You'll need the opinion of a medical expert. Medical malpractice lawyers usually have such experts available. Consider talking to one.
Answered on Oct 16th, 2013 at 1:23 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, it certainly appears you have a case against the radiologist.
Answered on Oct 15th, 2013 at 7:31 PM
Edwin K. Niles
Yes, you have the makings of a good case. However, thanks to the doctor lobby, medical malpractice cases are difficult and expensive to pursue. For that reason, not many lawyers take these cases. Contact your local bar association for a referral to a specialist, and ask for a free consultation.
Answered on Oct 15th, 2013 at 6:53 PM