Can I sue my doctor for malpractice?

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Can I sue my doctor for malpractice?

I scheduled an appointment with my primary doctor back over 1 1/2 year ago because I had severe abdominal paint. She brushed it off like it was no big deal and did nothing for me. Fast forward to last year, I met a new surgeon and it turned out that I had endometriosis and had to get a hysterectomy because of it. Last month, I had a wellness check-up with my primary doctor and she had asked why I had the surgery. I told her and she says that it was because I had an infection from an IUD that I had a few years ago. She just told me this and looking back in my medical history online there is no record of the infection nor did she prescribe any antibiotics or anything of that sort. Can I sue her?

Asked on July 29, 2019 under Malpractice Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You could potentially sue her if there is reason to believe that the average reasonable doctor in her position, given the symptoms you reported and other circumstances at the time, would have looked deeper and/or caught the entrometriosis and that doing so would have spared you the hysterectomy. That is, it's not enough the the doctor was wrong--the law accepts that the practice of medicine is not perfect, and that doctors don't catch everything. The issue is, is there evidence (e.g. from the opinion of another doctor or docotrs who have treated or examined you) that your doctor was not merely wrong but unreasonably careless and/or did not furnish medical care of the accepted quality? If there is, you may have a viable malpractice claim.


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