Can I sue my doctor’s office for not calling soon enough with my cancer test results?

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Can I sue my doctor’s office for not calling soon enough with my cancer test results?

They waited 3 weeks and it is taking them 7 1/2 weeks to actually get me into the doctor for a special test that needs to be done, to determine the extent of how bad the cancer is.

Asked on November 20, 2012 under Malpractice Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF the delay costs you aditional money for extra treatment; makes the prognosis worse for you (i.e. costing you that time hurts your health); or causes you to experience significant pain, suffering, disability, loss of function, etc. which you otherwise would not have suffered, then you would seem to have a viable lawsuit. However, if the delay does not actually harm you, then you do not have a viable claim; that is because in the U.S. legal system, you can only sue for compensation for the actual injury or cost you sustain, and the amount you can sue for is based on the extent of that injury or cost.


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