CanI sue for malpracticemy former physician misdiagnosedmy condition?

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CanI sue for malpracticemy former physician misdiagnosedmy condition?

My old doctor said Ihad scoliosis and never gave me anything or did anything about it other than take an X-ray. My back kept hurting so I asked for an MRI and they refused. When I got a new doctor they gave me an MRI and it showed that my l4 and l5 is falling apart and my spine is narrowing. Can I sue my old doctor?Should I speak with a malpractice attorney? In Northampton, PA.

Asked on July 11, 2011 under Malpractice Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

It would be advisable to speak with a medical malpractice attorney.

Medical malpractice is based on negligence.  Negligence is based on the failure to exercise due care (that degree of care that in this case a reasonable physician would have exercised under the same or similar circumstances to prevent foreseeable injury).  The standard of care for a doctor is that degree of care exercised by other practitioners in the same community.  If the doctor is a specialist, the standard of care would be based on the degree of care exercised by other doctors in the same specialty in the same community.

You should obtain your medical reports, medical bills, and documentation of any wage loss.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.

The medical reports from the second doctor will be used to establish evidence of the misdiagnosis  (negligence) by the first doctor.

If you are dissatisfied with settlement offers from the first doctor's insurance company, you should file a lawsuit for negligence against the first doctor.   You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 


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