How to sue an MD for a misdiagnosis?

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How to sue an MD for a misdiagnosis?

On )9/14 I had a horrible pain in my lower right back. Told that I had a kidney stone and should go to the ER. An X-ray showed no stone. The ER doctor diagnosed me with diverticulitus. Puts me on such a high dosage of antibiotics that I develop thrush all over my tongue. I still have it; it will not go away; I cannot taste anything. On 10/01 I hada colonoscopy. My GI doctor confirmed that I didn’t not have diverticulitis. But I still have thrush and it is very frustrating. I have Crohn’s disease and am supposed to be gaining weight, yet I don’t feel like eating because I don’t enjoy it.

Asked on November 19, 2010 under Malpractice Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Medical malpractice is a very difficult area of the law to practice in some states.  The requirements to even allow a person to bring a lawsuit are very high: affidavit from another physician certifying that there has been malpractice in the matter.  And there have to be damages to the individual.  thankfully for patients these types of cases lend themselves to free consultation by local attorneys and if you so not have a case they will probably not sign you up.  So you should definitely go and seek help from an attorney.  you sound like you have been put through the ringer and that there has been no real diagnoses.  Good luck.


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