QUESTION
Is there anything that can be done or would I just be wasting my time if I sue for misdiagnosis?
Asked on Oct 21st, 2013 on Personal Injury - Nevada
More details to this question:
I have had shoulder pain for over 2 yrs. 12 months ago I had a MRI done, the Dr said there wasn't a tear. This went on for another year, I kept going back and they would give me shots. I went to another DR who did another MRI, results showed I have a massive full thickness tear and only one muscle (tendon)left attached to the shoulder and he doesn't think it can be repaired due to my muscles have retracted so far because the tear has been there for so long. I'm really upset that the first Dr missed this because my shoulder and arm movement may be as good as it gets right now. I cannot do my job because of this.
8 ANSWERS
Edwin K. Niles
Thanks to the doctor lobby, med mal cases are expensive to pursue. Ask for a free consultation with a lawyer in this field.
Answered on Oct 23rd, 2013 at 1:35 AM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
at
Law Offices of John W. Merting, P.A.
Update Your Profile
It would appear you are within the 2 year Statute of Limitations for medical malpractice, since you first discovered missed diagnosis 12 months ago.
Answered on Oct 22nd, 2013 at 1:42 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You have to prove not that you have a problem today. You do. you have to prove that you had the problem 2 years AGO (I DON'T KNOW YOU CAN P[ROVE THAT SINCE THE TESTS WERE NEGATIVE anything could happen in 2 years and you r ability to prove anything could be a big problem)
Answered on Oct 22nd, 2013 at 1:41 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
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. Medical science is not an exact science, so it may be that the first MRI just wasn't clear enough to be able to detect the tear. 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 first doctor 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.
Answered on Oct 22nd, 2013 at 1:36 PM
James Eugene Hasser
Whether or not you even have a case requires an expert medical opinion. Medical malpractice lawyers have such experts available.
Answered on Oct 22nd, 2013 at 1:19 PM
1 Award
Have you determined whether the first MRI showed an abnormality? It is possible that the problem was not seen on the first MRI, which would make it difficult to pursue a case.
Answered on Oct 22nd, 2013 at 1:16 PM
Ronald A. Steinberg
Consult with a medical malpractice attorney. They will order the original MRI and the subsequent one, and have them reviewed by an expert. If the expert believes that the original MRI shows a tear, then you may have a case. It is possible that the tear occurred later; that you may have had arthritis in the shoulder which eventually ripped the tendon. It may not have been in that position in the first MRI. Only an expert can give a valid opinion.
Answered on Oct 22nd, 2013 at 12:39 PM
Yes, it appears that you have a potential case for medical malpractice. Find a lawyer who specializes in that area.
Answered on Oct 22nd, 2013 at 12:36 PM