Visitor Question

Doctor failed to see torn meniscus…

Submitted By: Emilio (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.

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.

Answer

Dear Emilio,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 22, 2014

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Comments

One thought on “Doctor failed to see torn meniscus…

  1. I fell and slipped on a rug in my son’s house. The result was a complex fracture of the right humerus. I was uninsured at the time and had to find an orthopedic doctor to see me. I did find a doctor and was a cash patient.

    After my first visit the doctor felt that surgery was not necessary, due to the position of the bones and that they could heal nicely on their own. I went each month for 6 months for follow up care. I did go to physical therapy (out of pocket expense), several times and was given exercises to do on my own.

    After 8 months the doctor mentioned manipulation of the arm might be necessary for scar tissue build up was causing lack of mobility. In the mean time, I did get insured through my husband’s place of employment.

    I was going to set up the manipulation but ended up canceling after finding out that my insurance was not going to cover this procedure with the doctor or hospital. I would wait a few more weeks and make an appointment in Florida.

    After seeing the orthopedic doctor today, I found out that my arm did not heal correctly, and that I now have to live with limited mobility of my right arm.
    I feel that if the first doctor had given me a correct diagnosis from the beginning, and fixed the break by setting it correctly, I would not be in this situation.

    I paid for care and feel that because I was uninsured, I didn’t receive the care I should have.

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