Can I sue a doctor for misdiagnosis? 8 Answers as of November 29, 2012

3 years ago my knee popped my doctor sent me to the orthopedist for an mri. He never ordered an mri he only took x-rays and said I had arthritis. Now I finally got an mri and I have a torn mcl.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Probably, but your case is too small to justify the time and expense of handling it.
Answer Applies to: Michigan
Replied: 11/29/2012
Law Office of Melvin Franke | Melvin Franke
Probably not, the statute of limitations is 2 years. Did the doctor treat you for your knee within the last two years?
Answer Applies to: Missouri
Replied: 11/14/2012
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
If you were harmed because of a doctor's misdiagnosis, yes, you may sue the doctor, but you have certain other steps to complete first. You will be best off to hire an attorney to make sure all the right things are done to make you whole. In the lawsuit, you will have to prove the misdiagnosis and how it caused you harm or injuries, and ask for compensation for all your damages medical bills, medication costs, lost wages, pain and suffering, and any other losses. It is good to keep a diary of events, including any pain and difficulty you experience, to aid your memory later, and also keep all documents, including X-rays, photos, doctor bills, or what have you. You need proof at trial if you hope to win. Most cases settle before trial, but being prepared to go all the way is the best way to get a fair settlement. Also, for medical malpractice, you will need an expert to establish that your doctor made an error. You may also have to undergo other examinations as part of the discovery process. You should visit a local personal injury attorney right away, because the deadline to file suit is short. Take all your evidence and listen to what the attorney advises. It's all right to get a second opinion, as well. With few facts to go on, this answer cannot be considered specific legal advice, but only a statement of general principles. A visit to an attorney with all the evidence would be necessary for a full answer. No attorney-client relationship is intended or created. Good luck to you, and get better fast.
Answer Applies to: California
Replied: 11/14/2012
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
Problem is that the statute of limitations of a malpractice is 2 1/2 years from the incident. In addition, you would have to make causal relationship that the tear now was there then and if it was there then how did the failure to diagnose make your condition worse.
Answer Applies to: New York
Replied: 11/14/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Yes, you can sue if within 3 years. If that time has passed it is too late. And who knows what the situation was 3 years ago and how could anyone say now what the situation was 3 years ago?
Answer Applies to: North Carolina
Replied: 11/14/2012
    Law Offices of George H. Shers | George H. Shers
    The first major issue is whether you suffered any damages because of the delay; if your knee did not hurt and waiting the three years did not worsen the condition, then there are no damages and no basis for a suit. There also is the problem that if you knew he was supposed to do an MRI and did not object to his doing an x-ray only [presuming the MRI would show the tear], you concurred in the act. Your case probably would not produce a large enough verdict for a mal-practice attorney to handle, but call up several or e-mail them and see if they think you have a case. Give them all the details, not just the ones favorable to you.
    Answer Applies to: California
    Replied: 11/14/2012
    The S.E. Farris Law Firm
    The S.E. Farris Law Firm | Spencer E. Farris
    The only way to sue a doctor for misdiagnosis in your situation is if the delay from the missed call made you worse. In this instance, I don't have enough facts to reach that conclusion. For example, if a doctor misreads and x-ray that shows you have a broken arm, and the next day you get a proper x ray, resulting in a cast and good healing, the neglect is not actionable. If the proper diagnosis is made and NOW surgery is required, you may have a claim. A torn MCL likely requires surgery whenever it is diagnosed, and a short delay doesn't make the surgery or the knee any worse. If there was a delay that made the tear worse, that is a different question. Unlikely in my opinion, but I don't have enough facts to tell. You have two years in Missouri to file a malpractice claim, and the clock is ticking. If you think you have a claim, you should speak to a qualified trial attorney immediately.
    Answer Applies to: Missouri
    Replied: 11/14/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    In New York the statute of limitations is 2 1/2 years.
    Answer Applies to: New York
    Replied: 11/14/2012
Click to View More Answers: