Legal Question in Medical Malpractice in Minnesota
Misdiagnosed for 3 years, now facing surgery
I have been seen in the emergency room, my regular clinic, and specialty offices off and on for the past 3 years. I was diagnosed and given prescription medication during this time. During my most recent visit to the ER, I was told that I need to have my gall bladder removed, and that I probably never had the condition, acid reflux disease, which I was diagnosed with and treated for. My case is so severe that I have no other option than surgery, and feel very strongly that this could have been prevented, had my doctors listened to me more carefully. I am mostly frustrated at the amount of doctors bills I now have, and my lost wages. Is this worth pursuing?
1 Answer from Attorneys
Re: Misdiagnosed for 3 years, now facing surgery
Medical malpractice claims are very difficult because it costs a great deal of money to find doctors willing to support your claim and because doctors still win about 80% of the claims brought. You would need to show that not only were the doctors wrong in their treatment and diagnosis of your condition, you would need to show that they didn't follow the standard of care in treating and diagnosing your condition. This is a much more difficult position that just saying the doctor was wrong.
I believe that it will be difficult to prove medical malpractice under these facts and the amount of money you would likely receive even if you did would probably not justify a malpractice claim.
This is only my opinion and you certainly have the right to seek another opinion. Our office does not represent you on this matter. You should be aware that there are very strict time limits for bringing such claims and I would urge you to actually talk to another attorney if you have any interest in proceeding with this claim.
Good luck.
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