Can I sue my doctor for negligence and/or lost wages for not appropriately treating my migraine headaches?

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Can I sue my doctor for negligence and/or lost wages for not appropriately treating my migraine headaches?

When I got a migraine that would not go away, I went to my Primary Doc, who prescribed some meds. After 2 days of taking them (with no relief), I called my Neurologist, Dr. D. He was too busy to see me, so I went to the ER. They treated me, but the pain returned the next day. I got in to see Dr. D., who gave me stronger meds and rushed me out the door. Five days later, I got a 2nd opinion from a Dr. H., who said that I was in “status migrainous”, a serious condition. I later learned that migraines lasting longer than 72 hours can lead to stroke. I have only worked 3 days this month.

Asked on June 24, 2009 under Malpractice Law, Georgia

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area.  In order to prevail on a malpractice claim, you need to show that the doctor deviate from the average standard of care utilized by similar doctors in the field and that you suffered an injury as a direct result of the doctor's action or inaction.  This is a very difficult case to prove in your situation unless the doctor that gave the second opinion would say that the first doctor was negligent.  I would consult another doctor to give you a response and then go see a lawyer if you feel its worth pursuing.


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