Do I have a good case if I went to my doctor for a check-up and she told me that I have had an STD for the past 2 years but no one ever told me about it?

She discovered this after looking into her system. There were no phone calls or no letters in the mail. They give me some pills to take but I have not taken them yet. I thought that I should talk to a laywer first.

Asked on November 15, 2014 under Malpractice Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Failing to look at her records/system to tell you that you had an STD for two years is negligence.

Prior to filing a lawsuit against your doctor for negligence, it may be possible to settle the case with the doctor's malpractice insurance carrier.  Your claim filed with the doctor's malpractice insurance carrier should include your medical bills, medical reports, and if applicable, documentation of wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document your condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.

If your case is NOT settled with the doctor's malpractice insurance carrier, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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