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I had brain surgery in 1993 and was diagnosis with a

Customer Question
I had brain surgery...

I had brain surgery in 1993 and was diagnosis with a condition stated as Bi-Polar & last year I was told by my Neurologist that I was born with arteriovenous malformation last year.I was in & out of a psychological hospital & given different medication with the misdiagnos.Can I sue the state,hospital or psychiatrists

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

No,I had no idea & I believed the doctor

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is all I know & I am stuck with medicaid & medicare which I thought was my medical Insurance for life(medicare).I am so frustrated because now I am being tested for Epilepsy now when that was the reason for the brain surgery in 1992.

Submitted: 7 months ago.Category: Legal
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Answered in 16 minutes by:
11/20/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,292
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the doctors did misdiagnose you and you have other medical experts to testify that not only were you misdiagnosed but the doctors who did so acted below the reasonable standard of care in doing so, then you can sue those doctors for malpractice and seek the damages their misdiagnosis caused you to suffer.

Virginia law mandates you have a medical expert testify as to what the malpractice was and the reasonable standard of care. See: Perdieu v. Blackstone Family Practice Center, Inc., 264 Va. 408, 568 S.E.2d 703 (2002).

So once you have a medical expert you can get a local medical malpractice attorney to file suit against them.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
Va.is a Commonwealth not a state & Lawyers are for the state not the people.Yes I can get the medical but I know I would need a out of state Lawyer.I have a hard time with memory now & I get so frustrated & was labeled retarded after the surgery & I don't have controll of my Social Security.I have a payee who pays my bill & I get a weekly check for $80.00 if all bills are paid.That frustrates me so much.
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

I am quite aware technically VA as well as MA and PA and KY are commonwealths, but for saving time in typing we call them ALL states.

You cannot get an out of state lawyer for the malpractice claim if this happened in the Commonwealth of VA, you need a lawyer in VA to take your malpractice case. If you have a medical expert willing to testify then you do need to get your local malpractice attorney and file suit.

Lawyers are not for the state as you think, there are plenty of medical malpractice attorneys out there and they are for the people not the state for sure.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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