I need some test run and these doctors I go to refuse to run test or give referals, I'm running into a problem with them giving referals and had one doctor use a misdiagnosis in which i have proof what legal action can I take?
Country relating to Question: United States
State (if USA): Virginia
went to authorties because not sure if xrays are showing anything but at the time not knowing these people are x-ray techs and doctors and dentist and not sure if they are blackballing my xrays.
Please bear with me as this is the first time responding to a question on Just Answer. If you have any additional questions, please do not hesitate to ask. First, I received this question in the personal injury section. Do you need these tests done as a result of an injury which was caused by someone else? If so, you can get many doctors to take your case on a lien. Simply type in Google.com the words "personal injury doctors lien" and the location where you live or would like to be seen. A number of doctors will come up who will see you, and not request payment until a later date (likely after your case has been settled. If, however, you are simply trying to have some tests completed as normal medical care, then you need to ask yourself the following questions. If you have no way of paying the doctors, then you can go to a free clinic near you. They will see you, determine if they feel tests should be run, and give you necessary care. Please make sure to complain of all symptoms which you are suffering from. If, however, you have medical insurance, as it has become available to everyone through Obama's new Obamacare program, then there is a list of providers who will take you with a minimal co-pay. As you mention there was a misdiagnosis, I can only assume there has been medical care to date. You are entitled to your medical records. You can go down to that office, request your records, films, x-rays, and any other doctors notes they have, and they are required by law to give them to you. (Though there may be a minimal copying fee - This is determined by the state that you are in) Then, bring these records to the new medical care provider who will see you.
As to the misdiagnosis itself, medical malpractice law tends to be based on two things. First, that the medical care provider did something that is below the standard of care for doctors in their field, and second that you have suffered damage as a result of their misdiagnosis. When you see a different medical provider, ask them their opinion as to whether or not the misdiagnosis caused you any damage. If so, contact a medical malpractice attorney immediately to take your case (as there is a statute of limitations i.e. period of time wherein you can actually file a claim) Make sure they take the case on contingency, so that they will take the case based on a percentage of your total recovery, and thus should not charge you a cent. I hope this answer helps. Please feel free to ask any additional follow-up questions if I have not answered your question in full.
As to your questions since what I put was vague, myself and my son and wife have had foreign objects injected within us without our permission by a government agency and it steams back to when I was a kid. Whether these foreign objects show up or not I don't know but not knowing at the time they dress up and are x ray certified and some are x ray techs some may not be, but if they don't then why do they take my x rays besides they know i put them in prision. I'm running into alot of buddy buddy and well "our colleagues" are doing it so we dont care and when it comes to the doctors some work for this agency and some are being "recruited" as they brag but have not been able to get a case a case open but am trying to open a federal civil to obtain federal tapes and police tapes where they can't deny what was said and their buddies looking out for them. My problem is that I've exhausted mri after mri and cat scan after cat scan , and beleive they have a master copy from my first visit to the ER room suspecting a foreign object, so I beleive that a ultrasound or from what I read a flourscopy will show and will be harder to hide or blackball my xrays and until I get one of these foreign objects and actually run test to see if they do show I cant say if they are but thats not my job either. So I'm running into political influence and neglect , but can't prove it, when asking for test and they go to the misdiagnosis in which I have roof that I've been misdiagnosed so what can I do legally to force these test?
1. If someone took your x-rays then you are entitled to those x-rays. Contact the facility which took the x-rays and they are required to give them to you (though they are allowed to charge a fee) If they refuse to give them to you, find proof of payment for the exam and contact an administrator to get the files. They are allowed to purge these after a number of years. Usually 7.
2. A petscan may show more than an MRI. I am not a dr. and thus cannot tell you exactly, though I do know that there are exams that show more than other exams.
3. Legally, you can get any test you are willing to pay for. If you feel wrongdoing is involved then you should look into going to a different fascility.
4. Again, there is nothing you can do to legaly force a test. You can, however, force your insurance to pay for it. As it appears that the issue is them not conducting the desired test, I suggest contacting another medical provider who would be willing to perform the exam.
so if they refuse to write a referal for test to be ran when I tell them what happened I have no right to take legal action against them or force them to run test? and when I press a case open there is no forms at city hall to request test to be ran or anything in a legal matter like that i can ?
Correct, you cannot force a doctor to write a referral. However, if you get another doctor to perform the test, and it turns out that there is something there, then you can sue the original doctor for medical malpractice. This will require 2 things. 1, that his not writing the referral was below the standard of care of doctors in field, and 2, that you suffered damage. This damage could be the emotional stress you suffered during the time when you should have had the test, and when you did have the test. However, it will be difficult to prove that he acted below the standard of care without symptoms suggesting that additional testing is required.
and one last thing since there is a "colleague thing" going on with lawenforcement breaking their oaths , I tried to press open a harresment and stalking charge against someone that , I know now, has harmed my son by putting a foreign object within him without our permission and you can tell these guys didn't care and blew it off since i didnt have dates of incident but seen people multiple times and their actions fell within guilt as well as haressment and they asked if he is in danger and I said he is healthy but am concerning his health since this person put something within him without our permission at birth. What legal action can I do for that , I've been tring to press open a case since criminal activity has been occuring and for the other reasons stated.
1. When you file a formal complaint against a law enforcement officer they cannot receive raises or be transfered until the complaint is investigated.
2. If there is any ongoing harassment you can file a restraining order against the individual
3. If you have any proof that it was a particular individual, (but keep in mind you need physical evidence) you can file a claim for battery against the individual. This is a civil action (separate from a criminal one) Though, if you would like to know more about this from an attorney in your state, I would suggest creating a different question with very specific facts) Usually, your son can bring the charges up until the age of 20, or you can bring the charges for him if he is under 18 as a guardian ad litem. Keep in mind, however, that in California you need to file a notice of claim within 6 months of the incident which may preclude you from doing anything. Again, this is why an attorney in your state may be able to help you more and you should get a consultation with someone in your area.
since it is being pushed under a rug because their "colleagues" are doing this and it's obvious by there reactions there is nothing I can do to get a case open, or report neglect?
I apologize for not being clearer on this point. You can absolutely report an issue to a persons superiors, or to internal affairs. You can report this issue as many times as you would like. Once reported, an internal investigation must occur. While it is going on, that person cannot be transfered or given a raise. Unfortunately, there is nothing you can do other than report the incident repeatedly thus creating new investigations, and the inability for this individual to receive raises or be transfered... indefinitely. However, if both the individuals superiors, and internal affairs refuse to open a case, there is not much you can do. When you do speak to them, make sure to have as much physical evidence as you can. Good Luck.
one last question when a cleint comes to you for a medical malpractice case is there a legal form you have to fill out to get these test or do you just send your clients to go ask for test to be ran and if so going back to what was already discussed what legal action could you take?
When a client is requesting a medical malpractice action, I will usually have them give me all of the medical records pertaining to their case. I will then have an expert medical doctor review the file and tell me if he sees anything that could be off. If so, I will suggest the person see an additional doctor on a lien to get a medical report necessary to file a claim against the doctor, the institution, and anyone else involved. I hope this helps.
Please note that as I am not barred in your state, I cannot be your attorney of record in this matter.
Has received a certificate of recognition from the California State Senate for his outstanding legal service.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).