He didn't tell me I have a cond. which causes death in 2 yrs. He knew 1 yr ago. All this time I could have gotten medication to prolong my life & improve the qualty. I found out my cond. by seeing another MD. I asked my regular Dr. to confirm this was true & he did. Can I sue him for negligence & /or malpractice? Please help w/any advice--much appreciated. Thank you!!!
2007-02-08 14:59:08 · 8 answers · asked by Laura P 2 in Politics & Government ➔ Law & Ethics
YES! But you should act quickly... there's a Statute of Limitations for your claim... it's basically a time clock that starts ticking when the problem happens and only gives you a short amount of time to file the lawsuit... when you exceed that time, you can't file suit anymore, ever! Find a lawyer and explain your situation: he'll know how long before the Statute expires.
As for your claim: yes, you can absolutely bring a medical malpractice suit. The court in Largey v Rothman held that a doctor has a duty to disclose to his patient anything that a reasonable patient would want to know. Most reasonable people want to know if they're going to die soon and especially want that information if there are medications that can prevent (or at least push off) dying.
My only cautionary note: the reasonable patient standard is a reasonable person in that patient's position. If your doctor withheld the information because of something specific about you, and if it was reasonable to do so, that the doctor would not be liable (like if you're a very nervous person and disclosing the information was likely to give you a heart attack or something).
This just hit me... I've studied the law and I know how to apply it, so I was excited to answer your question, but in answering it, I realized that I'm now dealing with real people... it's not a hypothetical... and this real person that i'm dealing with has the information that they won't live for very much longer. :o( The law suddenly became very personal. As a cautionary note, litigation is a very long, expensive, grueling process... you'll probably win a good sum of money from this claim, ... but you might not see the end of the litigation in your lifetime.
2007-02-08 15:30:06 · answer #1 · answered by kmnmiamisax 7 · 0⤊ 0⤋
How do you know he knew if he did not tell you. Maybe he was inexperinced and really did not know. You know God only knows what your plan is. And you can turn this around and seek a better diagnosis for yourself instead of harping on what a doctor did or did not know. Now if he really knew then he should not be practicing medicine anymore. So sue if that is the case. He will then be a sadist and a murderer and never should treat another patient. If however he really did not know due to inexperience or whatever, You take the reigns of your own life and find treatments and spirituality and nutritional ways to fight for your life. You do have some say in how you live and when you die. Believe that . Good Luck and God Bless.
2007-02-08 15:35:58 · answer #2 · answered by Anonymous · 0⤊ 1⤋
You need to consult a malpractice attorney. If this doctor did not give you the information regarding diagnosis and treatment options you probably have a case.
2007-02-08 15:13:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Could you sue him, sure. Anyone can practially sue anyone for anything. What will you gain? I think it's a crock that the doctor knew death would be caused in two years. I"m sorry for what ever condition you have, but you could've walked out the office got hit by a car walking to yours and be dead. No one knows when they are going to die, we roll the dice, play the odds. Your doctor could tell you two years and you prepare for death, but live another 10 wondering when it's going happen. It not only stresses you out, but your family out. We live on borrowed time, even your new doc does not know when you are going to die. Medicine is an educated guess, but when it comes to life and death and predicting the end, no one knows for sure when it's going to happen. So my opinion is no, don't sue anyone. Cherish the time you have and live your life like tomorrow is the end.
2007-02-08 15:17:24 · answer #4 · answered by Breacher 2 · 0⤊ 2⤋
Most medical malpractice/ personal injury attornies will give you a consultation for free..and they take thier pay If you win..
It sounds to me like you do have case..
You should consult an attorney ASAP
2007-02-08 15:08:37 · answer #5 · answered by judy g 2 · 0⤊ 0⤋
I think at the very least you could try. That's really wrong to withhold that kind of information, and I wish you luck with everything!!
2007-02-08 15:03:47 · answer #6 · answered by Kimberly K 3 · 0⤊ 0⤋
Sounds pretty sleazy. i have heard of this happeneing with people with little or no health coverage. Talk to a lawyer i am sure there is something you can do.
2007-02-08 15:03:06 · answer #7 · answered by daisy 3 · 0⤊ 0⤋
if he knew it, yes, he's liable.
Get a good lawyer, and quickly.
2007-02-08 15:44:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋