Visitor Question

Misdiagnosed and my doctor won’t give me any information?

Submitted By: Charlene (Winthrop, MA)

I am 47 years old and on disability. I have had back pain for over 20 yrs. At age 26 I was told by an OBGYN that I had endometriosis. She told me if I wanted the pain to go away that I would need a hysterectomy. Last week was what I believe will be my last appt with my primary care doctor at the same facility (in another location), after an emotional breakdown during my appt.

My primary care doctor told me in 2009 that if I had a complete hysterectomy my pain would go away. Because the pain had become intolerable I agreed to the procedure, although I insisted on some form of proof showing this was in fact the problem. I’d had multiple tests and none showed the existence of scar tissue. My doctor had a theory that this endomitriosis had wrapped around my solace muscle and that that’s why it was not seen in prior tests.

She ordered an MRI and I was put on disability due to back problems. I was referred to a neurologist that told me I had degenerative disc disease & that I had a synovial cyst on my spine. I was so confused & upset, so I called my doctor and on my next appointment I asked about the endo. She still wouldn’t tell me otherwise and she still won’t. In the summer of 2010 I all of a sudden became very sick and for 3 days all I could do was sleep, drink water, and crawl to the bathroom.

My mother took me to the ER and I was taken by ambulance to MGH. I was being prescribed Tylenol with codeine by my primary and was treated like a junky in the ER. Early in the A.M. a doctor came in & pulled up a chair and began going over my chart with me. The first thing he said to me is that I should be using birth control because I could get pregnant. I said “what makes you believe I don’t know that, I have a daughter in college”, he said “because that’s what it says in your chart.”

When I woke a few hours later that doctor was gone and I was again being treated like crap. I signed myself out & left. When I went back to my primary she said that because I was on narcotics (I also have ADHD) I was treated badly. I am now living in chronic pain & have no quality of life. I was taking morphine ER for the pain, after I told my doctor I needed something that worked longer & I didn’t want to pop pills all day.

The past year the doctor has wanted to stop the medicine, & after my last visit she said that I came up positive for pot in a urine test. I was livid. When I started asking questions she told me I was yelling at her. I wanted to know what my medical problems were, and if I’d had an MRI years ago, could my problem have been prevented or at least controlled? She left the room.

I have been calling for over a week & she won’t return my calls. I am now living in an apartment with a roommate because I can’t afford to live alone. I have nobody that can help me. I had a great career & love for life once upon a time. I now don’t even have hope. What can I do?

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 Charlene,

Your circumstances are indeed unfortunate. Chronic pain can be impossible to endure. Unfortunately, the law doesn’t permit persons to pursue injury compensation resulting from rudeness or poor treatment by medical practitioners.

If you are asking whether or not you have the basis of a medical malpractice claim, you will need to seek the counsel of one or more malpractice attorneys. Most do not charge for initial office consultations. Fortunately, most attorneys list on their websites the types of malpractice claims they have pursued, and the settlement amounts or court victories they have secured for their clients. If not, you can always ask about their record when you meet with them.

If you are going to speak with medical malpractice attorneys, it would be a good idea to bring with you copies of your treatment records, medical bills, receipts for out of pocket expenses for medications, costs of travel to and from treatment,etc. Because you are on disability you won’t be able to seek compensation for lost wages.

Malpractice attorneys normally accept cases on a contingency fee basis. This means you won’t have to pay any legal fees or related costs until, and unless, your attorney succeeds in your case.

Learn more here: Claims & Lawsuits for Wrong Diagnosis

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 888-972-0892.

We wish you the best with your claim,


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