Can I sue my prior physician for damages from not getting the right treatment for my diabetes for 3 years?

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Can I sue my prior physician for damages from not getting the right treatment for my diabetes for 3 years?

I switched doctors and a simple blood screen showed I was a type 1 not type 2.

Asked on December 16, 2011 under Malpractice Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It would be worthwhile to consult with a malpractice attorney--you may have a case. Malpractice is literally "bad practice"--medical care that does not meet accepted levels of medical practice. Misdiagnosis is one form of malpractice. If the average physician should have spotted the type of diabetes, and if the delay in diagnosing you has caused you some injuries, costs, or damages (i.e. you're sicker than you should have been), you may have a claim for compensation.


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