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.
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.
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.
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.
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