What can I do if the doctor is not giving me the proper treatment? 21 Answers as of August 11, 2011

I first went to the doctor on July 19th for severe pain in my right side. I was immediately sent to the hospital for a cat scan. Not once, but twice! The hospital called me back and said the doctor needed more pictures. I went back and did the 2nd scan. They (doc's office) said they would call me first thing in the morning with results. I heard from no one so I called the office and they said the scan was negative. They did not offer a follow up visit until I told them I was still in pain and that something needed to be done. I was told to come in the next day. The doctor prescribed me pain meds and ordered an ultrasound. The ultrasound has still not been scheduled. I have called the office several times inquiring and all they say is that it hasn't been scheduled yet. I am still in severe pain. What are my options? I feel I may have a negligence case.

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David F. Stoddard
David F. Stoddard | David F. Stoddard
I don't see any case here, at least yet. If the pain is that acute, you may need to go to the emergency room, but I'm not here to give medical advice. You would only have a case for negligence if the doctor missed something that he shouldn't have missed in the previous tests, or failed to order a test that should have been ordered and the failure to diagnose cased your condition to be worse. You need to finish your medical treatment and see how it goes before you think of suing the doctor.
Answer Applies to: South Carolina
Replied: 8/4/2011
Coulter's Law
Coulter's Law | Coulter K. Richardson
Welcome to "managed care." Waiting for your ultrasound is health care rationing. Unfortunately, it is too early to tell if the doctors have committed malpractice. Not getting the answer right away is not negligence unless the answer is staring the doctor in the face. Check your health plan and look for another doctor. The new doctor might be just as perplexed, or in the alternative, might find the problem right away and then you have a better chance at a malpractice case.
Answer Applies to: New Jersey
Replied: 8/4/2011
David Hoines Law
David Hoines Law | David Hoines
you need to find out what the problem is seek a second opinion
Answer Applies to: Florida
Replied: 8/4/2011
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
Every civil case has two components: (1) liability and (2) damages. Other than inconvenience what are your damages? You have no evidence of a misdiagnosis at this point. I suggest you simply changes doctors and take the CT Scan results with you (they have to give them to you) to another doctor.
Answer Applies to: California
Replied: 8/3/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
Consult with a plaintiff's medical malpractice lawyer who should inform you of your legal options.
Answer Applies to: Indiana
Replied: 8/3/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Your option is to find a doctor you trust. Key word: trust. You don't have a claim because you don't have any damages or injury other than hurt feelings. Just for fun tell the doctor you don't care for his type service (or lack thereof) It may be an idiot staff problem and he may need to know about it. If you determine you have a serious problem and the delay in a proper diagnosis has made some significant difference in your health (probably not) then you may have a claim based on failure of diagnosis. You have to prove the connection and you have to prove actual damages and you have to have a doctor agree with you as to causation and damages.
    Answer Applies to: North Carolina
    Replied: 8/3/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You don't have a negligence case until another doctor (similar specialty) says you do and you have suffered injury as a result of the doctor's inappropriate care. The first question that comes to my mind is not a legal question, but a practical question: why are you still going to this doctor? Changing doctors is the best answer, and make sure you pick up your entire file from this doctor before you do that.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    My advice is to switch doctors. You don't have any permanent injuries from the doctors negligence so you have no case.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Get another doctor
    Answer Applies to: Florida
    Replied: 8/3/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Forget about whether you have a lawsuit for now. The most important thing is that you get a proper diagnosis. Get copies of your original films (will probably be given on a disc) and run don't walk to another doctor or to Westchester Medical Center, Northern Westchester Hospital or a medical center in the city. Your health has to be your priority right now.
    Answer Applies to: New York
    Replied: 8/3/2011
    Oliver Law Office
    Oliver Law Office | Jami Oliver
    You should take whatever action is necessary to protect your rights within the bounds of the law, including finding another physician whom you feel is responsive to your needs. You have every right to switch physicians if you feel your needs are not being met. Your new physician will obtain all records and files from the former physician once you are accepted as a new patient.
    Answer Applies to: Ohio
    Replied: 8/3/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    In order to have a prove that the doctor is negligent you need to prove damages. In order to do that you will need another doctor to diagnose your problem and that doctor would have to be of the opinion that a reasonable doctor should have done something different and that your doctor's failure to do so caused you some sort of injury. Whether you have a viable lawsuit on your hands or not, for your own health, your first step should be to seek treatment from a physician that is willing to treat you in a timely and effective manner.
    Answer Applies to: Oregon
    Replied: 8/3/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Sounds closer to over treatment. Change doctors. You have lost confidence with this one.
    Answer Applies to: Montana
    Replied: 8/3/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Why don't you change doctors
    Answer Applies to: New York
    Replied: 8/3/2011
    A. Daniel Woska & Associates, P.C.
    A. Daniel Woska & Associates, P.C. | Dan Woska
    You suggest that you may have a medical negligence claim because the doctor has not scheduled your follow up ultrasound and because you are still in pain and nothing has been done. I do not believe the facts described rises to the level of medical negligence. I do think you should consider changing doctors and trying someone specializing in the areas where your pain exists (maybe an internal medicine specialist) as your relationship with the current doctor has probably been impacted by your feelings about the situation. "Direct threats require decisive action.
    Answer Applies to: Oklahoma
    Replied: 8/3/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You should contact another doctor. You don't have a medical malpractice case.
    Answer Applies to: Oregon
    Replied: 8/3/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend that you consult with a personal injury attorney concerning your rights and options, but we must caution you that your attorney will undoubtedly discuss with you the issues and problems inherent in a medical malpractice case. We hope you get well soon. Good luck!
    Answer Applies to: Georgia
    Replied: 8/3/2011
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