Can I sue? (Please HELP) My life was at risk. Serious lawsuit question...?

Question

I was feeling ill, so went to my local clinic. There, the doctor gave me an injection for migraines without even running tests. I thought I would feel better but days later I was still feeling very ill. So I went for a second opinion, this second doctor actually did run test and they came out positive for SALMONELLA not for migraines! If I had NOT visited this second Dr. I would have kept taking medication for migraines and could have died. I was encouraged by this second Dr. to sue. My life was at great risk if I would have left this untreated; I was so clueless and I certainly do not want this to occur with anyone else. Do I have a chance to sue this Dr. who misdiagnosed my illness without even taking the time to do tests? Is this considered negligence? If so, what are my chances in winning this case? PLEASE HELP WITH ALL THE INFORMATION POSSIBLE. THANK YOU.

Answer 1

u should talk to a lawyer that specializes in malpractice.

Answer 2

I am no doctor or lawyer but I watch people who play them on TV more then I should :)

My guess is that the 1st doctor would claim that you presented with symptoms that match migraines. Maybe salmonella at some point does presentt those types of symptoms.

(My own personal experience is that it can be very difficult to distinguish between migraines and "severely upset stomachs" so I think salmonella might be similar but more severe.)

I am familiar with the differntial diagnosis skills doctors use, but in the area of computer problem diagnosis. So I can tell you that no problem is unique in its symptoms, and the first guess is only based on initial information, not full information. Migraines are far more common then salmonella, so doctors will initially look there unless there is a good reason not to.

I also bet that the 1st doctor didn't tell you to wait days or more if you didn't see improvement. At that point, at least some of the responsibility lies with you - even untreated, the most severe migraines will clear up on their own in less time then that!

Finally I bet the 2nd doctor didn't tell you to sue. They were neutral on the matter as they are not attorneys and won't risk judging another doctor's judgment.

I suggest your best chance for a suit, if there is any suit at all, is the place where you were served food that gave you salmonella poisoning!

Answer 3

Yes, sue the doctor and/or the clinic. Take all this information to a lawyer and let them run with it. This is definitely malpractice. You have an excellent chance of winning as long as the second doctor is willing to back you up with your records and possibly a statement. Do it now before too much time has passed. Most lawyers will take on this type of case without a retainer too. You can always do the first consultation appointment with a lawyer and find out if he sounds like the right person to handle. If not, find someone else. Look up an attorney that deals with malpractice (they have specialties of law that they deal with).

Answer 4

I wish everyone would stop trying to win the lawsuit lottery. Doctors treat people based on information provided by the patient---YOU. Their treatment plan is based on that information. I have worked in the medical field as an EMT and RN for over 20 years and people can't seem to tell the triage nurse, primary care nurse and doctor all the same story. I doubt very seriously that you are providing all the information here or to the doctors. Also conditions change with time which is why people are told to follow up with their doctor or return when discharge from an ER or clinic.

Lastly to prove malpractice injury must have happened. Grow the f%#k up and stand on your own two feet and stop trying to live off of others hard work.

Answer 5

If you have not done so already, contact your local health department or medical board on more information on what is considered Malpractice and how to handle it. If you look in the front of your yellow pages, there should be a listing of these agencies. You can also search online for the medical board or health department near your location.

Also some states have a justice project where you can call for free legal information. If this is not possible, contact your local State Attorney General as well for legal options and other sources of information.

If it helps any, in definition, Malpractice is:

In law, malpractice is a type of tort in which the misfeasance, malfeasance or nonfeasance of a professional, under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers damages. It is committed by a professional or her/his subordinates or agents on behalf of a client or patient that causes damages to the client or patient. Perhaps the most publicized forms are medical malpractice and legal malpractice by medical practitioners and lawyers respectively, though malpractice suits against accountants (Arthur Andersen) and investment advisors (Merrill Lynch) have featured in the news more recently.

If nothing else, contacting your local medical board and informing them of your problems is always helpful too. They over see medical practice and doctors.

Hope this sheds some light and good luck!

Answer 6

You should contact a personal injury attorney in your state for a firm answer to this; many such attorneys work on a contingency fee basis.

Your recovery will likely be minimal (unnecessary pain and suffering based on the first doctor's misdiagnosis, and expenses connected thereto), and perhaps punitive damages.

Keep in mind that you won't have a cause of action for the "could have" part of this experience. Your damages are those actually incurred (unless you get awarded punitive damages).

You may be fortunate and receive a settlement offer. Keep in mind that a lawsuit isn't Lotto. It's not there to make you rich. Since they can't put you back in the position you were in (by going back in time and fixing things), basically money gets shoved around the table.

There is no Hell on this Earth worse than a civil lawsuit, and if you get a settlement offer...think strongly about taking it.

Answer 7

Of course you have a great lawsuit against him with high possiblities of winning, but is that what you really want to do. I mean come on why do people always try to sue doctors. They are human and they make mistakes just like everyone else does, but they get sued for their mistakes all the tme. I agree that he should've ran test on you and I also agree that some doctors deserve to be sued when someone dies. Some mistakes they make are life threatning of course but give them the benefit of the doubt sometime and think about how hard their jobs are. I guess sue when they make a mistake but when they do something right they're the best thing that happened to you. Come on people get a grip everyone is just looking for the next opportunity to sue someone with money. Please by all means do what you want but I don't think that it is smart or really fair to do. If you make a mistake on you job would you like to get sued or have a lawsuit around every corner waiting on you. They got into that field to help people out and to make those sick people better let the doctors do there jobs. If we keep getting lawsuits for every mistake they make then they're gonna be afraid to even try to care for their next patient in fear of being sued.

LOL I glad your feeling better praise the 2nd DR sued the 1st right. I just don't understand. LOL

Answer 8

dhdaddy has the best answer.

Even if you prove negligence, which is iffy at best, the most you recover is your losses. In your case, that means the fee you paid the first doctor, and maybe out-of-pocket expenses for any unnecessary migraine medications.

As for the second doctor who encouraged you to sue... taking legal advice from a doctor is like taking medical advice from a lawyer.

Answer 9

You need to see a lawyer who specializes in medical malpractices in your state.

That said, Doctor 1 may have been negligent. It depends if his care was below the standard in your area, and your damages are (1) your pain and suffering as a result, and (2) your economic damages as a result.

If what Dr. 1 did was truly egregious, you should also file a complaint with the medical board.

Answer 10

OK think about this step by step. doctors carry malpractice insurance for this very reason. So he is going to have an insurance company with lawyers on his side. Do you think you can win a court case against a team of well-paid, experienced lawyers? If you do not think you can, you should speak to a medical malpractice lawyer and find out what your chances of winning are. A decent lawyer will also tell you how much you might expect. Then you can decide if it is worth pursuing.

In any case, your state's medical board might be interested.

Answer 11

Oh for Pete's sake!!!

Salmonella is NOT lethal unless you are very, very seriously immunocompromised. Your body would have eventually fought off that bacterial infection. You would NOT have died from salmonella, you dope.


Sue a physician for treating your migraine symptoms? Why would you sue? I get migraines and, believe me, I get dizzy and throw-up, etc. Physicians do what they can to help each patient..... NOT "I'll just give them a shot and they'll go away..."

Don't be stupid! Suing doctors, etc when you really don't need to is why health-care costs are out of reach for so many people now days. Don't be part of the problem.