Legal Question in Civil Rights Law in Florida

Doctor's misdiagnosis: Negligence or not?

Say a doctor diagnoses a patient and basically leaves her with one option; a painful procedure or go on being sick (because of the type of illness the last is not an option for any reasonable person). The patient elects for the doctor to do the procedure, it doesn't help. The patient sees a few other doctors who all diagnose the patient with a different problem (right away without any diffuculty and they even all use the same phrase, ''This is classic XXXXXX.'') and give her a different, less painful treatment, it helps the illness is cured.

Wouldn't this be medical negligence and entitle the patient to some kind of monetary award?


Asked on 12/04/03, 12:08 pm

2 Answers from Attorneys
Jeffrey Sheldon

Re: Doctor's misdiagnosis: Negligence or not?

It may be malpractice. You should consult with an attorney who concentrates in medical malpractice cases. He or she can go through all the facts and let you know if you have a case.

You can get a referral from the Florida Bar, or check the yellow pages. (This posting section is not applicable to this type of case.)

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 12/04/03, 1:27 pm
Regina Mullen Legal Data Services, PLC

Re: Doctor's misdiagnosis: Negligence or not?

Those are two completely separate questions. It's not at all clear that there was a misdiagnosis. Even if there was, the patient was clearly entitled to have gotten a second opinoin on her own. In most states, you need a medical expert opinion as a condition for bringing suit. You'll need to consult a local lawyer with the specifics of your case.

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Answered on 12/04/03, 9:42 pm


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