Legal Question in Medical Malpractice in California

Medical Misdiagnosis

I consulted a gastroenterologist concerning a stomach/bowel problem. The specialist took blood as well as stool samples and diagnosed me with IBS. She proceeded to perscribe numerous medications to treat my symptoms. After not feeling better but worse I went to see another medical professional who read the chart from the specialist which I provided and she stated that I had celiac disease- an allergy/sensitivity to wheat products. My gastroenterologist misdiagnosis has caused severe personal as well as professional impacts. Please advise if this misdiagnosis is grounds for a lawsuit. Although I currently reside in California, this situation occured in Texas.


Asked on 2/14/08, 10:55 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Medical Misdiagnosis

No attorney can advise you on this without first getting the medical records reviewed by a qualified GI doc. Before doing that, the initial question is how profound is your injury from a negligent misdiagnosis and treatment, assuming that there was a negligent misdiagnosis and treatment. The economics of med mal make it prohibitive to sue for med mal without SUBSTANTIAL injury and damage.

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Answered on 2/20/08, 1:39 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Medical Misdiagnosis

As Mr. Roth points out, this isn't worth much without substantial damage.

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Answered on 2/20/08, 2:41 pm


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