Legal Question in Medical Malpractice in Florida
Would it be medical malpractice if I was diagnosed with a life-altering medical condition, and that diagnosis turned out to be false? I was admitted to the hospital 2 years ago after suffering a severe headache and after 4 days of testing (blood work, MRI, and 2 EEGs), I was told I had epilepsy. I was put on a high dosage of medication and was told that I would not be allowed to drive for a minimum of 6 months. As a single mother, the diagnosis made it impossible for me to continue living alone with my toddler. I had to move in with my parents (2 and a half hours away) and quit my job. I lost income, incurred additional expenses (moving expenses, medical expenses, higher child care costs) and dealt with a great deal of emotional pain. After some time, I did end up finding a new job in my new location, but it was in a different field and paid less. A neurologist prescribed me a new medication (apparently the original medication is typically only prescribed for the most severe cases of epilepsy and is not recommended for females in their child-bearing years). About two years later, I went to a new neurologist because of an insurance change. This neurologist reviewed the results of my original tests (MRI, bloodwork and EEGs) and discovered that none of the tests showed any evidence whatsoever that I have epilepsy or ever suffered a seizure for that matter. He explained to me that it appeared that the other neurologists either "misread or misinterpreted" the results (EEG is a standard medical test used to diagnose a seizure or epilepsy). He had me take another EEG just to be safe, and it showed no signs of epilepsy. To be safe, I asked my new neurologist to explain that I was misdiagnosed in writing, which he did on his letterhead and signed. This entire experience has been so stressful, and it truly changed my life. Do I have a medical malpractice claim against the original neurologists or hospital?
1 Answer from Attorneys
You may have a case. There was certainly negligence. The issue in your case is whether the damages you suffered are great enough for the economics of bringing a medical malpractice case to work. We sometimes spend upwards of $100,000 on these cases, hiring top notch experts, taking depositions, and so forth.
Your damages seem to be loss of work for the 2 years. The question for you is whether the drugs they originally gave you for the "epilepsy" caused you any permanent injuries.
You should speak with a lawyer who specializes only in medical malpractice for him or her to evaluate these issues.
Good luck.
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