Can I sue the doctor who misdiagnosed me and sent me home? 22 Answers as of March 26, 2013

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Gladstein Law Firm, PLLC
Gladstein Law Firm, PLLC | Seth Gladstein
You can sue anybody for anything, but that does not mean you will win your case. The questions you must ask yourself are: (1) what harm occurred as a result of the alleged misdiagnosis; and (2) would the outcome been any different had the physician made the diagnosis earlier. If the answer to either question is no or none, then you may have a difficult time winning a medical negligence action against the physician. Nonetheless, I recommend that you contact an experienced medical malpractice lawyer to explore your options. Before contacting an attorney, you should collect all of your medical records and bills, so that the attorney you select may review them. Moreover, you should contact an attorney as soon as possible, because your time to file a medical negligence action may be limited.
Answer Applies to: Kentucky
Replied: 3/26/2013
Law Office of Christian F. Paul
Law Office of Christian F. Paul | Christian F. Paul
If the doctor's misdiagnosis caused you harm, you may have a medical malpractice action available. Consult an attorney experienced with medical malpractice cases, and give him or her all the evidence you have of the misdiagnosis, the costs to you, pain and suffering, lost work, or whatever harm was done. Good luck.
Answer Applies to: California
Replied: 3/21/2013
Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Based on this set of facts, no. Doctor's send patients home and sometimes bad things happen that were not apparent from the test results. You'll have to show something was obvious that was ignored.
Answer Applies to: Iowa
Replied: 3/21/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Certainly. However, you will need a medical expert with the same credentials as the person you are suing who will testify. In addition, since these cases are tremendously expensive to pursue, you will need to have a serious enough result to make your case have a value that will support those costs. There are no small medical malpractice cases.
Answer Applies to: Michigan
Replied: 3/21/2013
S. Joseph Schramm | Joseph Schramm
To file a lawsuit for medical negligence you have to show that the misdiagnosis was one that involved falling below the standard of care practice by physicians in that area of medicine. That usually requires the retention of a medical expert and if no medical expert will agree that there is any negligence ( and most do not) you will have no case. You then have to show that the misdiagnosis caused you harm. If you have no harm, you have no damages and, consequently, no case. You finally have to show that the harm was severe enough that a jury objectively reviewing the evidence would be willing to award you a six-figure judgment in order to make it worth the attorney's time, effort and money. To recover this amount of money your damages usually have to be fairly severe. Most people with these types of damages usually would prefer having their health restored than to receive money as compensation for their harm.
Answer Applies to: Pennsylvania
Replied: 3/21/2013
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    If you suffered a harm which arose from the failure to diagnose a worsening of or development of symptoms or a condition which you did not have before and which would have been prevented by proper diagnosis and treatment you may have a claim for medical malpractice. The key is whether or not the physician breached the duty of care to you as a patient. That requires an expert opinion from another physician. You should consult with a medical malpractice attorney to determine the merits of your claim.
    Answer Applies to: Massachusetts
    Replied: 3/21/2013
    Gregory M Janks, PC
    Gregory M Janks, PC | Gregory M Janks
    You need to consult with a Michigan attorney that regularly handles medical malpractice cases with the specific facts of your case to determine if you have a viable case. Certainly the doctor will have had to have breached the standard of practice and you will need expert testimony to that effect. Also you will have to have suffered significant damages/injuries due to any breach of the medical standard of practice to make a case economically viable (it will cost 10's of thousands, if not 100's of thousands, of dollars to present a medical malpractice case - depending on what is involved in your particular case). Certainly many more facts would be needed to give you more than a general answer.
    Answer Applies to: Michigan
    Replied: 3/21/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Sure you can but whether you can win I don't know. You did not give any facts.
    Answer Applies to: North Carolina
    Replied: 3/21/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    The simple answer is yes you can sue but what are your damages? It costs a tremendous amount of money to bring a malpractice lawsuit and in order to collect you must be able to prove that what the doctor did fell below the standard of practice and in addition to that, that the conduct caused you harm.
    Answer Applies to: California
    Replied: 3/21/2013
    Lewis B. Kaplan | Lewis B. Kaplan
    Based on the very limited information you provide a lawyer can't validly answer the question. You need to speak personally with a lawyer who may be able to help you when you provide more facts.
    Answer Applies to: Illinois
    Replied: 3/21/2013
    Burkhalter, Rayson & Associates, P.C.
    Burkhalter, Rayson & Associates, P.C. | David A. Burkhalter, II
    A misdiagnosis quite possibly could be malpractice, but it wouldn't necessarily justify a malpractice suit due to the significant cost of bringing a malpractice case. If the misdiagnosis resulted in a serious injury (as opposed to just a delay in diagnosis) then quite possibly it could justify a suit. Depending on your injury, you should consult a lawyer experienced in medical malpractice suits.
    Answer Applies to: Tennessee
    Replied: 3/21/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    What are the damages that were caused by sending you home. IF he sent you home and you were put in a worse condition than you were on that day when it was finally discovered, you should contact an attorney.
    Answer Applies to: New York
    Replied: 3/21/2013
    Law Offices of William S. Lindheim | Fred Fong
    Dear Gentleperson, I am sorry to read that the doctor misdiagnosed you and sent you home. Your questions is one of medical malpractice. Firstly, anyone can sue and it is easy. Secondly and most importantly is will you wiin? In order to win a medical malpractice lawsuit you will have to show that the doctor committed an error which no reasonable doctor with his speciality will do. Then if you can show that your doctor made a mistake which no reasonable doctor will do, you still have to show that you have suffered some type of harm or damages. For example, you are now permanently disabled from the medical doctor's error. If not, then don't waste your time. My wife was misdiagnosed one time and she did not suffer any permanent residual effects and thus she has no case. Even if the doctor misdiagnosed you, it does not mean that he was negligent professionally, because there are many common symptoms for a certain condition.
    Answer Applies to: California
    Replied: 3/21/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You have given me insufficient facts to provide you with an answer.
    Answer Applies to: Florida
    Replied: 3/21/2013
    Durham Jones & Pinegar | Erven Nelson
    Yes, if you can find another doctor who will say that your doctor?s treatment did not meet the standard of care in the community.
    Answer Applies to: Nevada
    Replied: 3/21/2013
    B. Casey Yim | B. Casey Yim
    you need to contact an attorney right away. You have statute of Limitations ticking away; and fuse is short. Atty may also be required to obtain a medical expert before filing. Don't wait any longer.
    Answer Applies to: California
    Replied: 3/21/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    You have not provided enough information to fully answer your question. However, in order to recover on a medical malpractice claim, an expert witness would need to present the opinion that your doctor fell below the applicable standard of care. Absent such an opinion, you will not be able to recover.
    Answer Applies to: Ohio
    Replied: 3/21/2013
    Law Office of Christian Menard
    Law Office of Christian Menard | Christian Menard
    You can sue the doctor if you first get copies of all your medical records, have them reviewed by an independent medical expert who says the doctor who treated you was negligent and that you were injured as a result of that negligence.
    Answer Applies to: California
    Replied: 3/21/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    That would depend on exactly what he misdiagnosed and what the standard of care for such diagnosis is. It will also matter whether or not you suffer injury as a result. Many more details are required.
    Answer Applies to: Connecticut
    Replied: 3/21/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    That's concerning. Whether you can sue depends, at the outset, on whether you suffered significant damages from this mishap. Did you incur injury from this.
    Answer Applies to: Michigan
    Replied: 3/21/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough. You will need to get copies of ALL of your medical records and have a doctor review them; if he/she is willing to testify that the hospital failed to conform to accepted practice, then you have a case. But even then, you have to prove how much worse you are as a result of the malpractice. These cases are difficult and expensive to prove and they do not settle out of court. So unless you have catastrophic injuries, it does not make financial sense to go forward even if malpractice was committed
    Answer Applies to: New York
    Replied: 3/20/2013
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    Malpractice cases because of the difficulty of winning and the cost of pursuing usually need at least $100,000 in damages- lost income, medical bills and a serious injury. I can't tell from your email if your claim is worth pursuing.
    Answer Applies to: Georgia
    Replied: 3/20/2013
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