QUESTION

What can I do about a misdiagnosis?

Asked on Aug 24th, 2013 on Personal Injury - Louisiana
More details to this question:
In 2010, I asked my Endocrinologist to order an MRI because I was having all of the signs and symptoms of a pituitary tumor. He later told me the scan came back normal and was diagnosed with hypogonadism. 3 years later I'm having same issues and they have worsened which from what I read is from long term untreated tumor. On October 1st I have an appointment with Mayo Clinic. After retrieving my medical records from my doctor to take to may it clearly states that I have in 2010 a 6x3mm macroadenoma tumor. I have had a large amount of pain and suffering resulting from this misdiagnosis.
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8 ANSWERS

Ronald A. Steinberg
Well, if you can find a doctor who will testify that it was a misdiagnosis, then you have the basis for suit. Then, you need to establish that you actually suffered (or likely will suffer) damages as a direct result of the misdiagnosis. If the damages are significant enough to justify an attorney spending a bazillion dollars to litigate the case, then you can proceed with a malpractice action.
Answered on Sep 11th, 2013 at 11:20 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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First, do what you can medically to get better. If the prognosis is good, a medical malpractice claim may not be feasible. Normally temporary pain and suffering, even for several years, is not enough to make it economically feasible because malpractice cases are so expensive in expert witness costs that you really need catastrophic damages for a case to make economic sense. If it appears that the outcome will be worse than it would have been had a timely diagnosis been made, then you should find a medical malpractice attorney to look at your case. You will still need a medical opinion that the misdiagnosis was a result of negligence. Also, you want a quick opinion as to whether the prognosis is different based on the late diagnosis. I would hope the statute of limitations would not start to run until you discovered the misdiagnosis. However, the other side will argue that you should have realized earlier that there was a misdiagnosis, and argue that the statute of limitations (time in which you have to file a suit) began running in 2010. You have 3 years to file a suit, 2 years if the suit is against a government entity (which is the case with many hospitals a and doctors whose practice comes under the "umbrella" of a hospital.
Answered on Aug 27th, 2013 at 9:31 AM

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James Eugene Hasser
It takes a medical expert's opinion as to malpractice in order to get through the courthouse doors. Medical malpractice lawyers have such experts available. Consider talking to one.
Answered on Aug 27th, 2013 at 5:18 AM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
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Very difficult case as there is a two year statute of limitations on a malpractice case. There are exceptions to the two year rule and one may very well apply to you.
Answered on Aug 26th, 2013 at 12:30 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. 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.
Answered on Aug 26th, 2013 at 12:28 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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You will not be able to successfully bring a claim for medical malpractice by yourself, so seek out a good attorney experienced in handling medical malpractice cases. Unfortunately, unless someone will say that the delay in the diagnosis caused a serious aggravation of that condition, no attorney would be willing to handle that based upon the value of the pain and suffering alone.
Answered on Aug 26th, 2013 at 11:36 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If you can prove all you say you may have a case. If Mayo says it is malpractice you are in business
Answered on Aug 26th, 2013 at 10:37 AM

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Plaintiffs Personal Injury Attorney serving New Orleans, LA at David A. Easson
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You have one year from the discovery of the misdiagnosis to sue a doctor. Claim maybe barred is malpractice occurred beyond 3 years ago.
Answered on Aug 26th, 2013 at 10:12 AM

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