Legal Question in Medical Malpractice in California

Failure to diagnose

Since December 1998, I have been suffering horrible changes in my body. My hair has been falling out and breaking off, I retain water in large amount causing my bone and joints to hurt. I have numbness and tingling in both hands and cannot type like I use to, I cannot stand for over 2 or 3 mintues at a time, my back won't take the strain. To make a long store short, In December One of the doctors from our HMO group ran blood test to find out what was wrong-He said nothing was wrong and gave me anti-depressent pills. In March I went back again, They said nothing was wrong and gave me water pill for water gain. By--name removed--I could not longer work. One of the doctors ran my blood work again. I was sure he was going to tell me nothing was wrong, but he apoligized to me and my husband. He said the test ran in December and March were misread. He said I had a certain condition which cause all the problems I was having. He said the information was in my files all along. He started me on treatments right away, but it will still be about 2 month before I am ready to return to even part time work. Is this malpractices? or just a mistake.


Asked on 7/28/99, 11:46 am

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: Failure to diagnose

Medical Malpractice is extremely hard to prove.

However, considering that this happened not once

but twice it would be hard for them to say they

made a mistake twice. If we can get another doctor

to testify that the original doctors should not

have missed your condition when they looked at the

blood tests then you have a good case. It sounds

like you have substantial damages to considering you

will be missing work for atleast another two months

plus the time you have already lost. I would be happy

to discuss your case with you in more detail. I can

be reached at 888-5NETLAW (888-563-8529). The call

and the consultation is free. I look forward to hearing

from you.

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Answered on 7/30/99, 11:28 pm
Jed Somit Jed Somit, Attorney at Law

Re: Failure to diagnose

Could be malpractice. It depends upon whether a competent

doctor would not have "misread" the blood test results and/or

would have recognized the condition earlier.

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Answered on 7/29/99, 8:54 pm


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