what constitutes negligence on the part of a health care provider?

UPDATED: Sep 30, 2022

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what constitutes negligence on the part of a health care provider?

I have marfans syndrome, its a connective tissue disorder. Even though there are some risks involved I still choose to do power lifting. I developed pain in my low back a few years ago. Since i know i have this disorder i went to my doctor and asked to have my spine imaged to make sure everything was ok.my family doctor is through wellspan health This was about 2013. I was told that i had some disk compression and some arthritis around the right hand SI joint.
Those were the only things i was told. I was aware of the risks from marfans and the issues they told me about. 3 years later iv been still doing power lifting. Again iv noticed pain and this time I went to wellspan neurology to have my spine checked out again
New Link Destination
my surprise the doctors aid pulled up my 2013 images and after looking at them for about 20 seconds and after examining me and talking to me about my symptoms told me I have ‘Pars defect’ meaning back part of my vertibrea is not attached. He didn’t take new images he used the same ones i had done in 2013..when I asked them to check my back out the first time No one saw the separation in my vertibrea and iv been training like this for 3 years since not knowing about this problem with this vertibrea. if my new imaging shows i now have more problems do to a condition they missed and i wasn’t told about..is this some sort of negligence or not? If id known about this situation, if it hadn’t been missed by whoever evaluated my images the first time I would have definitely been more careful with my back

Asked on October 18, 2016 under Personal Injury, Pennsylvania


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

Answered 6 years ago | Contributor

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).
If your new imaging documents a back injury, prior to filing a lawsuit for negligence against the doctor, it may be possible to settle the case with the doctor's malpractice insurance carrier.  Obtain your medical bills, medical reports, and if applicable, documentation of wage loss.  Your claim filed with the malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document tha 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.  Compensation for wage loss is straight reimbursement.
If the case is settled with the 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 a lawsuit for negligence against the doctor.
If the case is NOT settled, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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