What to do about a medical condition that was not found by my first doctor?

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What to do about a medical condition that was not found by my first doctor?

When I was 7 years old, I started having dizzy spells. I had every test possible done to find out what was causing these dizzy episodes, including an MRI. Every test done was said to be normal. I was told I had anxiety. Now 17 years later I had my doctor repeat tests that were already done, including another MRI. This MRI should cerebellar atrophy. So then I went to a neurologist. He said that the cerebellar atrophy was there when I was seven also. I was wondering if I could sue the doctors for making me live 17 years with just thinking that its all in my head. It affected my social life, as well as my school life.

Asked on November 30, 2012 under Malpractice Law, Massachusetts

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

Although I do not practice law in Massachusetts, I have pursued medical malpractice claims in Ohio, Florida, Pennsylvania, Georgia, and Illinois and practiced for more than 30 years.  I suggest you accept that you have always had a physiological basis for dizzy spells and forget about blaming someone for what you used to believe.

Most states have a "statute of repose" that bars malpractice claims brought more than a specific number of years after the allegedly negligent act occurred.  In Massachusetts, that statute of repose is 7 years.  This means that, in most circumstances, you can never sue more than 7 years after the act.

There are always legal arguments to try and avoid this kind of statute.  However, those arguments are difficult to win and it costs a fortune to try it.  In your case, damages are extremely subjective and difficult to prove.  You can certainly consult medical malpractice lawyers in your area, but I doubt that any of them would be willing to take your case.

 


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