Legal Question in Medical Malpractice in Pennsylvania

Is it too late for me to sue one of my past doctors?

Approx. 10 yrs ago I started complaining about shortness of breath. At some point (I don't have the medical records, my primary does though) I went to a pulmonologist. He diagnosed me with asthma. Put me on steroids, prednisone, for an extended period of time, and I gained approx. 100 lbs. I asked my primary at the time and was told it was a side effect of the medication. Time passed, I'm not sure how long, but the pulmonologist then told me....ya know, I don't think you HAVE asthma, I don't think you ever had asthma. I was furious to say the least. I then went for a sleep study. They said I had sleep apnea. However, the headgear they put on me was intolerable (I'm clostrophobic). I told the pulmonologist this and he said nothing....let it slide, didn't say there were other headgear, made no other suggestions.

Years have gone by...and due to the weight gain (which I have not been able to lose), I now have diabetes, and last year I had a stroke and heart attack caused from pressure build up in the wrong ventricle of the heart, due to the untreated sleep apnea.

Can I sue the pulmonologist? All my medical problems now (and there are several) are caused by that weight gain, misdiagnosis and no follow through with the sleep apnea and c-pap.


Asked on 3/01/10, 8:32 am

1 Answer from Attorneys
Arthur Newmark Arthur Newmark, M.D.. Esq

Please accept my sympathies for everything you have been through.

If you believe you have a case, I encourage you start calling medical malpractice attorneys today. Medical malpractice attorneys will generally listen to your complaint for free. If they think you have a case, they will invite you to their office to find out more details.

Generally they will not charge for this service, but, if they believe you have a case, will offer to take the case on a contingent fee basis,

meaning you only pay them out the money they win for you, if any.

Personally, I do not see a medical malpractice case which I would take.

Assuming what you say is accurate, with regard to the earlier treating doctors, you had a maximum of two years from the time you learned that you suffered side effects from steroids which you didn�t need.

With regard to the second pulmonologist, I don�t believe that the standard of care was violated. He offered what I believe is the only useful treatment for a difficult problem.

If you first realized that you were injured by failure to treat sleep apnea within the past 2 years, there may be time remaining to sue, if that is appropriate, but you would have to act fast.

As I said above, I personally wouldn�t investigate based on the information you provided. This is my opinion only, as I said above, most medical malpractice attorneys will speak to see you over the phone for free. So I urge you to contact attorneys as soon as possible if you would like to discuss a possible case.

I urge you to contact attorneys as soon as possible if you would like to discuss a possible case.

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Answered on 3/06/10, 5:25 pm


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