I feel that my disability claim was settled on the basis of an initial misdiagnosis of my condition, can I be compensated from initial claim(s)?

Do I have any legal recourse to reopen a settled disability claim due to incorrect/misdiagnosed medical information on my original disability claim? I filed multiple claims before seeking legal representation. I feel I should be compensated fully for each claim due to misdiagnosis or malpractice. My condition deteriorated due to initial diagnosis. I was receiving no treatment which is a direct result of my first diagnosis. As a result I am now considered legally blind with no central vision in the left eye and now receiving glaucoma treatments and medication.

Asked on July 18, 2012 under Malpractice Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not you are able to re-open a settlement that you had based upon you believe that the settlement was based upon misdiagnosis of your condition depends upon what the settlement agreement states. Most likely the answer is "no" because the purpose of a settlement is to buy peace of mind for the parties that are subject to the agreement.

I suggest that you have a contract attorney go over the settlement agreement that you signed with you. You may have a basis for a malpractice action against the person who made the misdiagnosis.

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