Can You Sue for misdiagnosis?

[SNOOPY]

Sissy, the State of Texas Medical Board:

http://www.tmb.state.tx.us/

If you want to file a Complaint:
http://www.tmb.state.tx.us/page/place-a-complaint

I suggest if you are serious about Filing a Complaint you read through different areas of The Texas Medical Board website.

I would also suggest you check out your Drs. through the State website:
http://www.tmb.state.tx.us/page/look-up-a-license

This will also allow you to see if a Dr. has ever had disciplinary action taken. Even if disciplinary has not been taken it doesn't mean there hasn't been complaints against a Dr. Only the complaints that have resulted in Disciplinary action will be visible.

[Jules A]

What does that mean, exactly?

Sissy, do you really want to sue, or are you just blowing off steam?

So far, no one has talked about what it will take for you to sue for misdiagnosis, and what it will be like.

For you to have a viable lawsuit, you must prove that 1) your neurologist was medically negligent, i.e., that he violated the standard of care and did something wrong, AND 2) that you incurred harm that was a direct result of the alleged negligence. Both of them are necessary.

A malpractice lawsuit will be expensive and arduous. You'll have to hire an attorney to represent your claim and find a way to pay him/her. An attorney won't take your case if there isn't a chance of your winning a monetary award that will pay for the amount of time spent on the case. The attorney will take from 1/3 to 1/2 of your award.

You'll have to hire a neurological expert to review your medical chart to prove malpractice. You'll have to hire a neurological expert to testify as an expert witness in court. You'll have to hire other medical experts to evaluate you and testify about the harm that you claim you suffered as a direct result of the alleged negligence. Those are more expenses that will cut into any award you might get, and those doctors aren't going to be willing to wait until the end of the trial to get paid.

You'll have to testify, and the defense attorney will absolutely grill and humiliate you on the stand. The story you've told here over several posts is already somewhat unclear and contradictory, so you're going to have to work very, very hard to learn to testify well and then actually do it. How you perform on the stand can make or break your case, and if you lose you'll be up to your eyeballs and beyond in debt with what you'll owe everyone you had to hire in support of your case.

The defense attorneys and insurance lawyers are extremely well paid, and you'll have only the attorney you hired. They can and will drag your case out for months, even years. You'll have to pay your attorney for all of that time.

If finding the resources to get to one medical appointment was a major ordeal, and if all it took to send you home wanting to die was one man saying one thing you didn't like the sound of, do you believe you'll be able to stand up to months of an expensive, arduous trial that involves you being publicly humiliated in the courtroom? Because that's what a malpractice trial will involve.

So do you still want to sue your neurologist for misdiagnosis?

As someone who often complains that there is a shortage of practical advice here and an over abundance of blind support I really appreciate this thoughtful post. Thank you.

[palmtree]

Filing a medical malpractice lawsuit is extremely difficult. The cards are stacked against you in every direction. The only money you can recover are the expenses you have paid as a direct consequence of the actual negligence of the doctor.

Gigantic pain and suffering awards are a thing of the past. In most states the maximum is $250,000 which doesn't go very far.

I had a serious injury at the hands of a doctor that disabled me for the rest of my life but could never get the case to court.

It's a shame that the abuse of medical malpractice lawsuits made it necessary to tighten the laws so much that patients who have truly been injured at the hands of negligent doctors no longer have any recourse.

My other concern about this kind of suit would be that doctors would be reluctant to diagnose people with MS for fear of a lawsuit. Then, patients who are seeking a diagnosis and would benefit from treatment would be losing the opportunity to receive care.

My recommendation to you would be to put all the money and energy you would have put into a lawsuit into your health. It could be nutrition, exercise, a trip to the Bshamas. You pick it. If you truly don't have MS, rejoice!