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Can I sue my Infectious Disease doctor for never diagnosing my Lymes disease now that my health is worse?
Anonymous3 views4 answers
My MD of 10 years was also an Infectious Disease Specialist. For five years I went to him complaining of a variety of symptoms that became progressively worse. Sometimes he'd take me seriously, other times he'd pass it off as stress. After much of my wife's insistence we seeked outside sources to try and solve this mystery. I saw cardiologists, urologists, naturopaths. I continued to see my Infectious Disease doctor with my ongoing symptoms and he never could find a problem although my health continued to worsen. My wife insisted I see another GP and we discovered I had Stage 3 Lymes - which means it was lingering in my system for 5 years undiagnosed. My condition is worse than if he caught it within the first year. He of all people should have known to test for Lymes. Can I sue?
Martin Wade HodgesCar / Auto Accident LawyerEverett, WA ·
You may have a claim, but the best course of action would be to consult with an attorney specializing in medical malpractice in your area. Most med mal attorneys will provide you with a free initial consultation to get all of the facts and better evaluate your potential claim. Medical malpractice claims are very difficult to prove and exceptionally fact driven. To be negligent, the doctor's care must have fallen below what would be considered the standard for reasonable care in a given situation. This is often difficult to define. Second, you must be able to establish what your specific injuries are, ie what would your condition be if it had been discovered earlier vs. where you are now. It is possible a comprehensive review of your entire medical history might be required. Again, you need to consult with an experienced medical malpractice attorney to properly evaluate whether or not you have a good claim. Good luck.
Joseph Jonathan BrophyEthics / Professional Responsibility LawyerWhite Plains, NY ·
Lyme disease can be very hard to diagnose, It's course is very unpredictable and response to treatment varies widely. For these reasons, there have been very few successful cases alleging failure to diagnose and treat Lyme disease. This is general information and not intended to discourage you from consulting with a medical malpractice lawyer. Every case rests on its own unique facts. But be prepared to hear this.
As stated in the answers above, there are significant challenges in your case. That being said, if you would like a free consultation with a Medical Doctor, I can help you. Please feel free to contact me at my office at 201-907-5000 for more information.
http://dsslaw.com/PracticeAreas/Medical-Malpractice.asp
It really depends on what your permanent damages are regarding this alleged failure to diagnosis your condition. Also any attorney would have to gather more information on your past medical history which would include a comprehensive review of your medical records.
If you would like to discuss it further please feel free to contact me offline:
[email protected]
