How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12372
Experience:  JD, MBA
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

Can i sue a doctor that i was seeing for potiental

Customer Question

can i sue a doctor that i was seeing for potiental negligence or under emotional distress he lied on my work physical and it wasnt a physical because they didnt do blood work and fill out limitaion sheet that had mostly 0's on it and he and staff had nastly attitude. for the work limitaion sheet, if i gave that sheet to my job, i would have been fired because of it.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Customer: replied 1 year ago.
Expert:  TJ, Esq. replied 1 year ago.

Hello again. Thank you for your patience.

You can certainly sue the doctor. The issue is whether you have a reasonable chance of winning. In order to win a lawsuit for negligence, you must prove:

  1. That the doctor owed you a duty of care;
  2. That the doctor breached the duty;
  3. That you suffered an injury; and
  4. That the injury was caused by the breach.

If you can prove the four elements above, then you will win a lawsuit against the doctor for negligence. It would likely be fairly easy to prove (1), since a doctor always owes his patient a duty of care. It sounds like the other three elements may be more difficult to prove ... or at the least you haven't mentioned any facts here that indicates that you can prove the other three elements. Of course, I understand that I do not know all of the facts.

As for emotional distress, that claim would likely be nearly impossible under the circumstances. In order to win a lawsuit for emotional distress, you'd have to prove that the doctor's conduct was so extreme and outrageous that it is utterly intolerable in a civilized society. Moreover, you'd have to prove that your emotional distress was extreme, and that it was accompanied by physical symptoms. This isn't a common cause of action due to the high burden of proof.

In any event, my suggestion is that you visit a local attorney who can review all of the details of the situation with you in person, and then give you a good idea as to whether it is worth suing.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also,please remember to provide a positive rating via the stars(and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)


Customer: replied 1 year ago.
well i didnt suffer any injurys but it could of cause harm as in i could i have lose my job over false evaluation on that sheet though... if there any other way to i would work for suing the doctor but not under negligence.
Customer: replied 1 year ago.
especially since the staff tried to charge me for a physical but the insurance company will cover for 1 annual physical and i found out about this when i called back the next day, they didnt know who i was. i taped this conversation on my cell.
Customer: replied 1 year ago.
the staff stated on the phone all physical comes with blood work, and they didnt do this.... i dont even know what they filed with the insurance company but i will call insurance company.