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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was diagnosed as having diabetes by my primary care physician

Customer Question

Hi, I was diagnosed as having diabetes by my primary care physician a number of years ago, I recently got low, and eventually ran out of my medication, my pharmacy attempted to get authorization to fill the prescription but was denied, I attempted to make an appointment, but the receptionist told me he was fully booked up to September. So because I could not get this medication, I stopped taking it months ago. I recently had to go to a Minute Clinic for a Physical for my health insurance. I did not know they would be doing any blood work and explained that my A1C would likely be off the charts, and I had not fasted either. I was then shocked to learn following their test, that my A1C was totally in range! How could this possibly be? I hadn't taken my medication for months, and did not fast before the blood test, and it was normal? I was diagnosed with a deadly decease, thought my health was in peril and might actually begin to lose limbs and go blind, and all along I was not even sick? not to mention he had me on medication I did not need to take! Even a totally healthy persons blood would be elevated not fasting, having instant oatmeal, and several cups of coffee with creamer before this test, and mine was normal?
My question is: do I have a case against this doctor for falsely diagnosing me with a potentially deadly decease, and prescribing medication I never needed?
Not to mention the Psychological trauma I was put through learning that my health was that bad and what my future held having to live with this decease that would likely get worse with age. I was positively devastated when I was diagnosed with this horrible decease. only to find out, that I never even had it. Is there a case here? Thank You
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under NC law, this is going to require you to do a bit more now to prove that you do not have diabetes and were misdiagnosed AND that doctor would have to testify in your case as a witness. So the next step, I know you went to the walk in clinic, is you must go to a doctor who would be willing to testify as a witness and get another full examination and blood work and prove that you do not have diabetes and also you need to request your medical records from your previous doctor before going (do not tell them why you want the records) so the new doctor can review.
The reason you need to get a doctor to testify as an expert is because even though you have the walk in clinic report, the court requires that only a licensed doctor can testify about your condition and whether or not the first doctor based on your medical records did indeed act negligently in misdiagnosing you.
If you do get that doctor and his examination reveals that based on your prior records and new examination you were misdiagnosed, then you do indeed have a medical malpractice case and you can sue the doctor for damages.
Customer: replied 1 year ago.
Hi, The Doctor I was told at the clinic is indeed a licensed physician, but because of this incident I have already gone to a new physician, and he did do blood work, I have not learned the results of his findings as of yet, and I gave him the Fax number to my former doctor and gave my consent to obtain all of my records. I just met this doctor and do not know if he would be willing to testify on my behalf, wouldn't the records of the tests and findings of two other separate physicians be sufficient proof? I would not want to subject a physician that I just met to this type of inconvenience and involve him in case like this. Wouldn't the documentation be enough evidence of my former doctor's wrong doing?
Customer: replied 1 year ago.
I have also discussed this situation with the new doctor, that is why he took a blood sample immediately upon my very first visit, to see for himself if I indeed could have this decease and require medication to control it, also to see if there were any remnants in my blood that could effect the test results, and because I was not expecting him to even take a blood sample as of yet, I again did not fast before the visit, this was to be a simple consultation and a follow up was going to be the actual physical and initial blood work etc. that I would have been required to fast before the blood work was done.