QUESTION
Is there away to sue for wages lost due to doctor’s negligence?
Asked on Feb 02nd, 2014 on Personal Injury - California
More details to this question:
I was seeing a Doctor that was trying to treat me for a condition he knew nothing about. He has hurt me physically and mentally. What are my legal rights? I was seeing a Doctor for my back, the flu and laryngitis.
8 ANSWERS
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost.
Answered on Feb 06th, 2014 at 7:01 PM
Ronald A. Steinberg
A bad result does not prove that malpractice occurred. If you can find a doctor having similar credentials to the one you are angry with, that will testify that the guy did something wrong or failed to do something right and that was a direct cause of your problems, then you can sue for all foreseeable damages, including lost wages.
Answered on Feb 06th, 2014 at 7:00 PM
James Eugene Hasser
Whether or not the Dr. was negligent is a matter of opinion for a medical expert. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answered on Feb 06th, 2014 at 6:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with a local medical malpractice attorney to see if you have a case. Malpractice is dependent on the location and the medical specialty.
Answered on Feb 06th, 2014 at 12:42 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you think you have a claim you must collect all your chart materials and have a medical doctor review it. This is a medical question, not legal. if the doctor knew nothing about (I doubt this statement) your type problem why did you go to him in the first place? Did you not check him out on the computer.
Answered on Feb 06th, 2014 at 12:22 PM
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. You will need to get copies of ALL of your medical records and have another doctor review them; if he/she is willing to testify that your 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. So unless you have catastrophic injuries, it does not make financial sense to go forward even if malpractice was committed.
Answered on Feb 06th, 2014 at 12:06 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Before you can bring any claim against a doctor for medical malpractice, you first need another doctor of a similar specialty willing to testify that the doctor against whom you wish to bring the claim deviated from the prevailing standard of care, so it sounds to me like the cost of obtaining that opinion is probably greater than your lost wages.
Answered on Feb 06th, 2014 at 11:56 AM
It is costly and difficult to prove that a physician committed medical malpractice. You would have to pay for another physician to review the medical records and prepare a report saying the treating Dr. acted below the standard of care in your community. The problems you list are all ones that the average physician should be able to treat. Without more information, it does not sound to me as though you have much of a case.
Answered on Feb 06th, 2014 at 11:37 AM