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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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If I was given a false positive impression from a radiologist

Resolved Question:

If I was given a false positive impression from a radiologist on a ct scan for osteoporosis versus multiple Myeloma that was completely false and after various more tests and opinions from a spine specialist and internal medicine physician turned out to be osteoarthritis. Do I have a law suit. I have an anxiety disorder and his incompetence left me lifeless for over a month...
Submitted: 5 years ago.
Category: Legal
Expert:  RobertJDFL replied 5 years ago.

Thank you for your question. I appreciate your patience while I researched and typed out your answer.


Possibly. In order to prove medical negligence (medical malpractice) you need to prove 4 things:


1) The defendant owed you a duty (that's easy, a physician has as duty to a patient)

2) The defendant breached their duty

3) Causation - "But for" the breach of duty, you would not have been injured

4) Damages - you must have suffered some form of injury for the court to be able to compensate you. For example, did the misdiagnosis make the osteoarthritis worse? If so, they could be a form of damages. I know you mentioned having an anxiety disorder -stress, fear, depression, etc. over test results can all be forms of damages.


All that said, you'd want to talk to a personal injury lawyer in your area to determine if your case is worth bringing. Because these cases are most often taken on contingency, meaning you pay no fees unless the attorney recovers money, and because they are often very expensive to litigate, firms are very selective in the cases they take, so while you may have damages, if they are not considered significant, you may find firms will turn you down.

If you require additional information, press "REPLY" and I will be happy to assist you further.

Customer: replied 5 years ago.
With causation, who knows. The amount of radiation involved in the further tests to disprove his incompetence may cause future problems. And wages missed due to apps & tests, as well as the sheer enormity of the costs of the extra tests may warrant a call to an attorney, correct? Personal injury, or medical mal practice lawyer? Thx for your reply...
Expert:  RobertJDFL replied 5 years ago.
I think you can establish causation, because but for their misreading/misdiagnosis, you wouldn't have had extra tests, had extra stress, suffered from depression, etc. The bigger issue is will a firm think it's worth it -if it has to be litigated, will the cost leave you with a decent settlement.

But yes, all of those things you mention -missed time from work for having extra tests done/lost wages, the costs of extra tests, etc., can all be damages.

You would want to speak with a personal injury lawyer. Most personal injury lawyers take on medical malpractice cases; I think there are fewer firms that market themselves as doing solely medical malpractice though.
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