What are my legal rights regarding a misdiagnosis?
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What are my legal rights regarding a misdiagnosis?
I noticed a large lump on the back of my head 2 years ago after feeling some discomfort. I saw a doctor who assured m it was just lingering scar tissue from a bad head injury that I had a few years prior. Zero tests weere performed. I noticed the area getting bigger and more discomforting so I got a second opinion. It turned out to be a benign tumor that is getting surgically removed tomorrow. Couldn’t something have been done earlier by the first doctor to catch this sooner? I was lead to believe the complete wrong thing for 2 years..
Asked on November 3, 2015 under Malpractice Law, New York
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 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).
Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with his/her malpractice insurance carrier. Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports (especially the medical report from the second doctor) and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your medical 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 first 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 first doctor.
If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the first doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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