Visitor Question

Doctor Neglecting MRI Results…

Submitted By: Fernando (Downey, CA)

I had a work related accident, hired a lawyer and the lawyer sent me to a clinic. In March the doctor sent me for MRI’s and after that they forgot about me. I’d been going to the doctors at the clinic regularly, each time complaining about the terrible pain I was in.

Last month I went to the doctor and started complaining again about the extreme pain, not only in my shoulders but in all upper areas of my body. I asked the doctor for help for the pain. He asked me if I had MRI’s done and I had to remind him that he sent me for shoulder MRI’s in March!

The doctor then went to get my file. I saw the doctor start getting nervous and when I asked what was wrong he told me the MRI’s showed I had 3 fractures in my right shoulder and two fractures in my left shoulder. Only then did he make a referral for me to see an orthopedic doctor.

Now I’m waiting for the insurance company to approve the surgeries. I saw the doctor this last Thursday and asked about the request to the insurance to get the surgeries done. He said the request was not even sent yet!

Is this medical malpractice? It is clearly negligent on the part of the doctor and I suffered lots of unnecessary pain because of it. Is there anything I can do? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Fernando,

The first thing you need to do is seek the medical care you so urgently need. This should come before any considerations about malpractice. Now is not the time to threaten the doctor or clinic with a malpractice claim. If you even allude to such an action you may find even more resistance to helping you. Instead of providing the assistance you need you may find them referring you to another doctor.

Instead, do all you can to urge the doctors to convince the insurance company to pay for your surgery. Additionally, contact the insurance company yourself. Take whatever reasonable action you can to seek the medical care you need.

Once you have been successfully treated you will have ample time to consider a malpractice claim. From the facts you present you do seem to have the basis of a malpractice claim. All medical malpractice claims should be handled by an experienced personal injury attorney. Filing a med mal claim on your own is a fatal mistake.

Most personal injury attorneys won’t charge for an initial office consultation. Seek the advice of these attorneys to know how substantial your claim me be.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 20, 2012

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