What to do about a medical condition that was not diagnosed for years?

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What to do about a medical condition that was not diagnosed for years?

My brother had a knee issue since 5th grade. For years he advised his doctors of the pain and unusual popping. Finally a new doctor sent him for an MRI and we find out he has a torn meniscus. It’s been so damaged from him walking on it that there’s a 95% chance thaat they can’t repair and it will be removed. Due to his bum knee his other knee has dealt with the majority of the work and has now become arthritic as well. Is this medical malpractice? His PCP wrote this off as being mental thing and him being scared to walk on it.

Asked on February 22, 2013 under Malpractice Law, Arizona

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Depending on your brother's age and the date that the doctor's deficient performance was discovered, this could be considered medical malpractice.  You need to visit with what is called a medical malpractice attorney (also called a med mal attorney) to review the facts of your brother's case and make sure that the statute of limitations has not run.  If this is something that he is seriously considering, starting looking for an attorney now, rather than later (mainly because of the statute of limitations issue).  I would recommend talking to a couple of different attorneys so that you get a feel for all of the options that are available. 


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