What are my options and is there a time frame issue for this?

I have to use Michigan law as the basis for my answer, and other states have different rules. Medical malpractice cases are horribly expensive to litigate. On top of that, "pain and suffering" are capped so that in a case such as yours, where the bulk of your complaint would fall into "pain and suffering," you are prevented from getting more than a certain amount. Now, from that amount, the costs of litigation are deducted, and the lawyer would get a percentage, usually 1/3, of the balance. As a result, even if you have a valid case, based on your description, I doubt that you would be able to convince a lawyer to handle it. Of course, you should find out for yourself. Now, let us talk about malpractice, itself. Malpractice is professional negligence. When a professional, in this case a doctor, acts or fails to act, and that action of failure amounts to a "deviation from the standard of practice in the same or similar communities," that is the definition of professional negligence or malpractice. A bad result does NOT prove negligence. Malpractice is performance which is less than a C minus. Above C minus is acceptable. To find out if there was a delay in the proper diagnosis of your condition (which would have led to a delay in your receiving the proper treatment, you need an expert having the same credentials as the person you would be suing to review the records and inform you, and the you need that expert or a similar one to testify. Lastly, even if there is malpractice, you have the burden of proving that the delay alone was the cause of whatever problems you are now experiencing. If those problems are corrected, are correctable, or go away by themselves, then your case would be much too small to warrant a law suit.

I doubt that any sum of money can compensate you for what you lost, but that is the only remedy the legal system can offer. You can initiate a law suit against a physician no later than 30 months from the date of malpractice or the day when you discovered the fact of the malpractice or reasonably should have discovered it. In this case, to be safe, the date when you learned that the initial diagnoses were wrong should be counted as the start date for the 30-months statute of limitation. If you have reason to believe that the hospital, too, should be held responsible, and if the hospital belongs to the City of New York, a notice of claim must be filed within 90 days - or the hospital will be immune to your legal action. If the hospital is not a municipal one, or if you do not intend to move against it, here are likely to be reasons to postpone filing a lawsuit, but you should discuss this matter with an attorney soon. First, it would need to be determined whether the failure to correctly diagnose and treat your condition constituted such a significant deviation from the accepted medical practice that it amounted to a legally actionable wrong. If the answer is not obvious, an attorney would have to find a medical specialist to provide a professional opinion. Before such a consultation is arranged, the attorney would have to obtain and review a copy of your entire medical record; this is a costly and time-consuming undertaking, but a necessary one, and it can reveal the gaps in evidence that you would have to fill before taking the case to a court. In short, discussing your case with an attorney well in advance of filing your lawsuit will help to determine what needs to be done in the next several months and to have your case well-prepared.

You may have a claim for medical malpractice. Consult an attorney who specializes in the area of medical malpractice and see if you have a viable claim.

You will have to get a doctor to make the call after a review of your medical charts in full. Your opinion in the matter counts for nothing. If the doctor thinks the diagnosis was wrong and should have been otherwise, and that this is the cause of your present condition and if he will testify for you, you have a claim. It is all difficult and uphill and expensive

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 a doctor review them; if he/she is willing to testify that the hospital or previous doctor(s) failed to conform to accepted practice, then you have a case. 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. From what you describe, it might be worth going forward, but a detailed analysis is needed. Contact a medical malpractice in your area. Consulatations are free.

I do not believe you have a viable case, at least not from what you've said. You've been inconvenienced and lost wages but the issuing of what now appears to be a mis-diagnosis is not actionable (in my opinion). Doctors practice medicine, they are not perfect and are required to exercise judgement in many cases with changing symptoms and signs along with test results that aren't entirely clear.

People often ask on this forum if they have grounds for a malpractice case. Usually it is obvious they do not. In your case, you may. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. You need to find a lawyer who will help you get an opinion as to whether the failure to diagnose was a result of negligence.

You have two years to sue for malpractice. Find a malpractice attorney and explain it to her or him. Even though your quality of life is diminished, the actual payout may depend on how much. You may discover after talking with the attorney that it is not worth the effort. Of course, you can always write a letter to the doctor and see if the malpractice carrier will pay you something.

You have outlined the potential medical malpractice claim. Seek legal counsel.