Doctor failed to see torn meniscus...
(Aliso Viejo, CA)
I had an MRI 8 months ago. The doctor and the lab failed to see that I had a torn meniscus. I was on an anti-inflammatory for 8 months, until I decided to go for a second opinion. The doctor giving the second opinion clearly saw the tear in my meniscus and I will have surgery next week.
Do I have a case based on the missed diagnosis from the first doctor? What about my being on the anti-inflammatory medication for 8 months? Any information you could give would be much appreciated. Thank you.
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ANSWER for "Doctor failed to see torn meniscus...":
Emilio (Aliso Viejo, CA):
You may have a medical malpractice case based on failure to properly diagnose your torn meniscus, resulting in eight months of unnecessary medical bills, and pain and discomfort. But proving medical malpractice can be a real challenge. You should know right from the start that doctors rarely, if ever, admit to having committed malpractice.
Additionally, unlike car accident injury claims, where the insurance company can settle a claim even if their insured is adamantly opposed, most doctors have a special relationship with their insurance company. These doctors can prohibit their insurance company from settling a claim, no matter how strong the evidence against them.
You can’t handle a medical malpractice claim on your own. You will need the advice and counsel of an experienced attorney. Malpractice attorneys have access to medical experts, discovery of doctor’s past history of negligence, and when necessary, are able to file a lawsuit.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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