Would we have a case if my mother’s primary care physician neglected to give my mother a CAT scan or MRI when complaining about extreme back pains for 6 months?

After multiple trips to his office and the ER I finally went with her and refused to leave without proper testing. They finally did a CAT scan and a MRI to realize she had an infection embedded in her spine and traveling towards her spinal cord. She had to have emergency surgery and is barely able to walk, therefore forced into early retirement. Do we have a case?

Asked on October 2, 2015 under Malpractice Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

d on what you write, your mother may well have a case a failure to order a scan despite several months of complaints appears to have been negligent careless, which would make it malpractice. Your mother could potentially recover lost wages or earning potential, for pain and suffering, and any additonal medical costs the delay caused her. She should speak with a malpractice attorney about her case.


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