How do I know if i have a case for medical malpractice

UPDATED: Oct 1, 2022

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How do I know if i have a case for medical malpractice

I’m going to try to make this as short
as possible.
Iv been seeing the same docter for
around 8years now. In short terms im in
pain all the time. I can’t eat many
foods. It started with very bad stomach
pain that moved to nearly every part of
my body. Iv had so many test its crazy.
You name it, chances are I have done it.
They can’t find the problem. They put me
on a pain med that is called Tramadol.
Iv been on it since iv been seeing this
docter. Let me be clear, i personally
have only seen him a handful of times. I
always see his assistance, which he frys
on a regular basis. I dont kno what to
do but i can’t help but feel I am being
worked. I go through withdraw at the end
of every month. They don’t care. Only
tell me that they can take me off the
pain med. I’m 25. Turning 26. I had to
leave school. Iv never had a job. I’m
stuck. No one is helping me an they
putting me on shit that is ruining my
life with no help. How can I be sure I’m
not being screwed legally. Living like
this is hell.
If there is a chance I have a case
please let me know. I can try to provide
any info you may need. 8 years. 8. This
has to be wrong somehow.

Asked on January 21, 2018 under Malpractice Law, Maryland


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A doctor not being able to diagnose and treat your condition does not mean that medical malpractice has occurred.
Medical malpractice is negligence.  Negligence on the part of a doctor is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
It would be advisable to have another doctor examine you and review your medical records.  If that doctor writes a report supporting a malpractice claim, you can pursue that, but based on the information you have provided, it is unlikely there will be a case for medical malpractice.

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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