If 2 year old X-rays and CAT scans clearly showed that I had osteonecrosis but I was not told, what are my rights?

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If 2 year old X-rays and CAT scans clearly showed that I had osteonecrosis but I was not told, what are my rights?

About 2 years ago, I had cancer and had many CT scans and X-rays. Just this

month I got an X-ray for hip pain and found out that it’s osteonecrosis and I need a new hip. It’s clearly visible on this X-ray but it’s also clearly visible on the 2 year CT scans. Should they have at least told me that I needed to have my hip looked at? Back then procedures could have been taken so that I didn’t end up with the pain and now have to get a new hip.

Asked on March 16, 2016 under Malpractice Law, Vermont

Answers:

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

Answered 5 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).
Prior to filing a lawsuit for negligence, it may be possible to settle the case with the doctor's malpractice insurance carrier.
Obtain your medical bills, medical reports, X-rays which you already have and CT scans which you already have, and documentation of any wage loss.
Your claim filed with the doctor's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document  the nature and extent of your hip 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 doctor's 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 the case is NOT settled with the 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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