If a doctor failed to do any test/images can I sue?

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If a doctor failed to do any test/images can I sue?

I saw a doctor for my pain/spine issues. He provided
treatment without ever ordering tests or images. I am
now having 2 major neck and spine surgeries and I am bed
bound and have sustained permanent nerve damage and
possibly paralysis due to the conditions that went
undetected.

Asked on April 18, 2019 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It depends on what he did was, at the time, given your symptoms, reasonable or not. A doctor is not required to run every possible test or scan. And a doctor is not at fault every time he or she is wrong. Rather, a doctor is at fault--commits malpractice--if he or she fails to do what a reasonable doctor should do under the circumstances. If you have reason to believe, such as from the doctors who treated you later, that the first doctor was careless--that he did not order tests or scans that a reasonable doctor should have in your case--then yes, that may very well be malpractice and you would be able to sue.


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