Legal Question in Medical Malpractice in California

Misdiagnosis

My dad was misdiagnosed 15 years ago for being schizofrenic. In the last few weeks he was evaluated and found that he is only bipolar. He has been on various highly addictive medications since he's been diagnosed. The dosage was so high that if a patient took them without taking those medications before, it would be lethal. Since being diagnosed, my father's life has fallen apart. He became very depressed and had to sell his company. His relationship with his family was ruined, and his wife left him for problems caused by the diagnosis. For the last 15 years, my dad has been in misery. He has a doctor that is willing to testify and prove he is right. There are several doctors involved with the misdiagnosis. Does he have a case?


Asked on 3/28/06, 12:11 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Misdiagnosis

The statute of limitations on medical malpractice ran years ago on the original diagnosis. He would have to prove that malpractice occurred less than three years ago. It might be possible to argue the continuing prescription amounts to continuing treatment and misdiagnosis, to bring him into the 3 year period. Before ANY medical malpractice claim can be filed, he will have to obtain from his doctor an opinion that the treatment 'fell below the standard of care' and an agreement to so testify as an expert. Without doctors' expert testimony, no case can be won, or even filed.

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Answered on 4/05/06, 3:06 pm


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