Legal Question in Medical Malpractice in Pennsylvania

Misdiagnosis and Unnecessary Surgery

I was diagnosed with an ovarian cyst 3 March 2008, size 2.2cm. On 27 April the ultrasound showed it grew to 3.3 cm. My gyno said remove the ovary and cyst. I had the laproscopic procedure and it was found that I did not have a cyst. I feel the hospitalk that took the ultrasound images should be responsible for this misdiagnosis, and is there a case I can I can claim against the hospital to pay for all the bloodwork and tests, hospital fees, and undue stress that they put me through?


Asked on 5/17/08, 9:25 pm

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Misdiagnosis and Unnecessary Surgery

If you believe you have a case, I encourage you start calling medical malpractice attorneys today. Medical malpractice attorneys will generally listen to your story 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 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 would not take your case for two reasons: first damages, second standard of care.

Taking the second point first, the fact that the surgical biopsy did not agree with the preoperative diagnosis, does not mean necessarily that the doctors who read the ultrasounds had made an error. Not every difference between preoperative and postoperative diagnosis is malpractice, or even a medical error. In order to decide if there is a mistake, an attorney would need to invest several thousand dollars to have a radiology expert review the studies.

The damages you describe generally are not the kind of damages that word justify the tens of thousands of dollars that it costs to put a medical malpractice case together in addition to the hundreds of hours of attorney time.

This is my opinion only, as I said in the first paragraph, 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.

Your statute of limitations may expire as early as March 3, 2010, so an attorney filing this case, if that was appropriate would want to do that before March 2, 2010. This is sooner than it sounds if a medical malpractice case is appropriate, as these cases take time to investigate. To reiterate, if you believe you have a case you need to contact attorneys as soon as possible. You may look for attorneys on this list, the Yellow Pages or your local Bar Association.

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Answered on 5/18/08, 9:30 pm


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