I have been seeing the same doctor annually for 25 years, and he never diagnosed my heart disease. Every checkup was the same, in and out without any real examination. Now, after my first visit to a new doctor, it turns out that I have severe coronary artery disease and will have to go in for surgery.
Can I file a lawsuit for my doctors failure to diagnose my heart disease?
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Answer:
You may be able to file a lawsuit, but it will depend largely on the level of injury and suffering caused by your doctors failure to diagnose your heart condition. It seems strange that you would have to wait until you had a heart attack, but the fact that you saw another doctor and are pursuing treatment may actually mean a suit is not economical, if not unwarranted.
Similar to the way car accident laws work, your doctor essentially broke the "rules" by not treating you properly, just as if he had run a red light. However, since you avoided serious injury by seeing another doctor in time, there may not be any significant damages for which to seek compensation. This is very much like the driver of a car being negligent by running a red light. He put you at risk, but if he did not hit you then there's no damages to claim.
Now, there is more to your case I'm sure, and I could be missing something, so it's probably a good idea to talk to a medical malpractice lawyer to get legal advice regarding your options for legal action.
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Posted by Staff Writer on 22 Feb 2010