I was diagnosed originally with spinal stenosis and a degenerated disk. I went thru physical therapy, was given shots and had nerves lasered in my back. Nothing helped. I seeked a second opinion and was told I did not have those medical conditions. It took until July 2007 and working with my own family physician that I found out what I have. I have osteo arthritis and I am having to have my left hip replaced. I have suffered in pain since the orignal diagnosis and had spent a lot of money on unnecessary medical procedures and medicine. Is there a statue of of limitations of sueing the original doctor who mis diagnosed me?
#1 by Roland's on February 2, 2010 - 11:56 am
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Don’t you know, that’s why they call it practicing medicine. Doctor’s aren’t GOD – they do the best they can with the limited information they manage to pry out of people.
You COULD try to sue, but your doctor has a whole lot more money than you. You neglect to mention one tiny little piece of information to your doctor that he could say would have made a difference & you’ve just lost your case. Then you’d be stuck paying your medical bills AND the doctor’s attorney fees on top of your own legal fees.
Look, your diagnosis was made, you’re feeling better now, that’s what really counts. If you’ve got a bunch of cash just laying around that you want to burn, you could just mail it to me instead, I like money and I promise not to waste it like you’re about to.
All fun aside, chances are, the doctor will be able to prove that you somehow withheld information that was critical to treatment & it’s your own fault that his diagnosis was wrong. He’s probably right too.
The truth is, a lot of these bone/joint related issues are VERY similar, so it’s pretty easy to have signs and/or symptoms of one when it’s somthing else.
We ALL go through tests that we feel aren’t really necessary, but it’s mainly because doctors are trying to be overly cautious – they don’t want to get sued by people like you.
Best advice – just let it go. Focus on being happy. I wish people didn’t feel so entitled all the time, you’re alive and doing well, just be glad. Besides, your insurance paid for a majority of the expenses – how bad could your personal expenses be? Definitely worth the hassle. You wouldn’t believe how many YEARS a good lawyer could drag this out.
#2 by mistify on February 2, 2010 - 3:48 pm
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These are common conditions that can be misdiagnosed for one another. There is presumably some evidence that you have these conditions (MRI, x-ray, etc…othewise the original diagnosis could not have been made)…they just probably were not the original source of your pain. As long as they followed standard of practice guidelines (all these things would need to have been ruled out anyway), there is probably no basis for medical malpratice…espeically if the expected outcome of the procedure at this time is the same (ie, if they would have caught it the first time, the treatment is still the same…hip replacement and should have a similar outcome).
However, if there were blatently obvious signs that this was a hip problem and not a back problem (ie, you had groin pain only and lack of mobility of the hip and no pain radiating into the leg or back), you MIGHT have a case…but statute of limitations is usually two years, but depends on your state. However, most hip pain is not this straight forward and frequently mimics back related conditions.
#3 by spirus40 on February 2, 2010 - 9:51 pm
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There is a statute of limitations for medical malpractice cases. Every State has its own statute governing time periods in which to file suit. The time period will also vary depending on whether a state funded or federally funded institution is involved. You are going to need a lawyer. Keep in mind that these types of cases are very expensive to pursue. They always require medical expert testimony as to the medical standard of care, how this standard was deviated from by the doctor, and how his failing to observe the proper standard resulted in a particular loss. Figure about 25k for every expert needed. In additon to proving that malpractice occured, you also have to prove that the problems you are having would not have occured had the correct diagnosis been made. Due to pressure from insurance companies and doctors, many states have passed damage caps for pain and suffering. While you can recover the cost of unnecessary medical treatment and lost wages, your pain and suffering damages may be capped to varying degrees by statute.
#4 by Anonymous on February 3, 2010 - 3:41 am
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Hi.Ive been misdiagnosed 44 times,been on 300 different drugs.The burden of PROOF is up to you.Sueing a doctor for malpractice is not easy.Its expensive as well with retainer fees to lawyer,and there is no way to guarentee that you would win.I believe you have up to 4 years to lodge a complaint.Pain is a relevent thing.I live with it every day.You may recover your medical expenses but the lawyers will bring in experts to disclaim your malpractise suit.Ask me how I know.Your local library will provide intel about everything you want to know.Good luck.
#5 by Anonymous on February 3, 2010 - 7:27 am
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Probaby not. But you can’t do it without a lawyer. Talk to the lawyer and they’ll let you know how good a case you may have.