How doI go about proving negligence by my doctor?

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How doI go about proving negligence by my doctor?

My doctor only told me some of the results from an MRI she had me have and acted like the problems in my back were no big deal. I’m a CNA and I’m going to school to get my RN. My doctor never put me on any type of work restrictions and a couple months later I hurt my back at work and found out from my workers comp doctor that my previous MRI showed much more severe results then what I had been told by my primary doctor. The workers comp doctor said Ishould have never been allowed to return to full duty CNA work with my back in such bad condition. Now I’m out of work and only 27. Do I have a case?

Asked on September 19, 2011 under Malpractice Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should contract a medical malpractice attorney to evaluate your case in detail; from what you write, it would seem to be worth your while. Malpractice can arise in many ways, whenever the medical care you receive is negligent (careless) or not up to general professional standards. One way it comes about  if by misdiagnosis--not interpreting test results or symptoms correctly, when the average reasonable doctor of that type would have done so. If your doctor did carelessly, or by lack of training, or because he or she was too busy to look carefully, etc., misinterpret your MRI, causing you injury, you may therefore have a malpractice case, and it would be worthwhile exploring with a medical malpractice attorney. You should also look into (and can discuss with your lawyer) any benefits you may be entitled to if you are too disabled to work, such as Social Security SSI. Good luck.


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