If my doctor failed to diagnosis my scoliosis until it was too late for treatment, do I have a case?

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If my doctor failed to diagnosis my scoliosis until it was too late for treatment, do I have a case?

I should have been checked during physicals but never was so the doctor missed it. It wasnt caught till it was too late for treatment. This leaves me facing a lifetime of chronic back pain and a new chronic migranie problem. It also effects my everyday life and my ablitliy to work or go to school. It qualifies me for disability as well.

Asked on June 20, 2012 under Malpractice Law, Kansas

Answers:

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

Answered 9 years ago | Contributor

It would be advisable to be examined by a second doctor and also have the second doctor review your medical records from the first doctor, who missed the scoliosis.  The second doctor can write a report regarding the first doctor's missed diagnosis. This will strengthen your claim for malpractice against the first doctor.

Medical malpractice is negligence. Negligence 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). Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with the first doctor's malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports, and documentation of wage loss and documents supporting your disability claim.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the first doctor.  If the case is NOT settled with the malpractice insurance carrier, you will need to file your lawsuit for negligence against the first doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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