Do I have a legal right to seek action against a doctor for diagnosing me with glaucoma and then treating me for only a year?

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Do I have a legal right to seek action against a doctor for diagnosing me with glaucoma and then treating me for only a year?

I was diagnosed 11 years ago. After a year of treating me, he said I didn’t have glaucoma and refused to refill my eye drops he had perscribed me. I believe it was because he did not except medi-cal and when I started seeing him at first I had insurance. Then 5 months ago, I saw an opthomoligist because I was unable to see completely out of my left eye. He asked me if I was ever diagnosed with glaucoma and I told him what happened and he proceeded to let me know my blindness was a result of him not continuing the medication. I requested my medical records from the other doctor and they informed me they had none; all they had was a letter they had sent me back then that was returned to them.

Asked on June 19, 2012 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Malpractice could be found from a doctor misdiagnosing a condition (at any point--for example, mistakenly concluding that you did not have glaucoma after having already been treating you); it could also be found from a failure to provide or continue the correct treatment. The issue is what  the "reasonable" well-trained doctor would do; if the reasonable doctor would not have acted like this one did, then you may have a malpractice claim. From what you write, it would be worthwhile to speak with a malpractice attorney about your situation.


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