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

UPDATED: Oct 1, 2022

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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

Asked on April 18, 2019 under Malpractice Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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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