Legal Question in Medical Malpractice in California

Is it failure to diagnose

I am a 29 year old male,I have been married for 3 years and have been trying to have a family.I have just been diagnosed with klinefelter syndome that only effects men. Men are born with an extra (x) chromosome that they can diagnose at birth. One of the charatistics is small testies. All thru my years I have had phisicals,and 2 years ago I had one and everybody has always said everything is fine. Now that me and my wife found out about this,it has caused serious problems in our relationship and even talks of divorce.I have been with the same medical group since I was born.At least I just think I should have been told to prepare my life for not being able to reproduce.........


Asked on 4/01/00, 3:30 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Is it failure to diagnose

Although your medical providers have failed to diagnose your condition you have not suffered any damages. Failure to diagnose only protects you if the medical providers failed to diagnose and as a result you suffered additional disability - and serious disability at that. In your case your condition would not have changed with diagnosis. It does not appear that you approached the doctors with complaints related to your syndrome. You probably do not have a case. Note that in Ca. that you must suffer a severe disability as a direct result of what the doctors did or did not do; the doctor must have had a clear duty to have acted in a different manner. T

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Answered on 4/14/00, 4:22 pm


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