How doI go about proving negligence by my doctor?

UPDATED: Sep 19, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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