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Went to see my family doctor about an ear infection. They refused to see me and now I have hearing loss in that ear. Will I be able to file a lawsuit against them for neglect?
Optional Information: State/Country relating to question: Missouri Already Tried: Nothing
Hi and welcome to JA.
I will get you the answer in a few minutes. I am completing the answer for another customer.
rich
You probably have you a case against against the doctor based upon one or more legal theories.
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:• Misdiagnosis of, or failure to diagnose , a disease or medical condition; • Failure to provide appropriate treatment for a medical condition; • Unreasonable delay in treating a diagnosed medical condition; Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
You must contact a lawyer who specializes in medical malpractice cases. He or she will have a medical legal expert review all the records with a view toward offering an opinion/report and trial testimony that the doctor's acts were negligent in that they did not conform to the standards of the applicable specialty in your area.You have to consult with an attorney in your state. This is not because I am a NY attorney, but as you can see from the language on the site here, it says that no attorney-client privilege exists and that you should contact a lawyer in your state for representation. In other words, even if I were a lawyer in your state , the same rule would apply.To find an attorney, go online to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.
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Thank you for reading this and for your consideration. I'm always ready to help further.
Experience: NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.