If I was misdiagnosed 6 years ago with a condition that it turns out thatI never had, what are my rights?

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If I was misdiagnosed 6 years ago with a condition that it turns out thatI never had, what are my rights?

I am a 31 year old male. About 6 years ago, I was diagnosed with hereditary pancreatitis. I had and still do have pain in my right front side. I was told I can’t work and to apply for SSI. I’ve been receiving benefits for 2 years. I had to go to rehab to get off fentanyl. Ive always had my blood work done every year and it always came back negative. Finally, I got a second opinion, and had a new doctor run a cat scan and blood work. I have no signs or ever had signs of pancreatitis. No scar tissue or anything. Now what do I do? I lost 6 years of my life for what?

Asked on January 2, 2012 under Malpractice Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to probably get a couple of more opinion to ensure that the second opinion was accurate and probably a specialist whose sole or primary practice concerns pancreatitis. Further, you will need to do this in conjunction with a medical lawyer who specializes in medical malpractice cases. Your job or career you had prior to being diagnosed will impact the type of negotiations or methodology your lawyer will use to get the best outcome for you. This, at a minimum, will include your rehab costs, all medical costs, pain and suffering and emotional distress, loss of work and obviously the repetition in the community for this issue. If you had high career potential or were working a pretty high paying position or were going to school, these factors will come into play. Get ready though because this will not be an overnight resolution, especially if the doctor's medical malpractice insurance carrier won't settle. Start researching about this doctor yourself. Check the state medical board and any national medical boards for any actions against this doctor.


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