Can I sue for misdiagnosis and a surgery that made my condition worse?
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Can I sue for misdiagnosis and a surgery that made my condition worse?
About 1 1/2 years ago, I went to the doctor with trouble swallowing, a full ear, ear ache, ear problems, clearing throat, etc. Now I know these symptoms to be classic signs of TMJ but then I didn’t, so I went to an ENT and their final conclusion was to take my tonsils out, which they did so. After the fact my problems felt extremely worse, actually I was having symptoms I didn’t have before. I went back to my doctor and after going back and forth for hours saying things got worse after the surgery, she tried to tell me nothing was wrong. Then, after awhile, she had an
Asked on November 6, 2016 under Malpractice Law, Illinois
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care, which is 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 against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier. Obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document your medical treatment 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 the case is NOT settled, your lawsuit 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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