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Could this be grounds for malpractice
Anonymous2 views1 answers
two years ago I was diagnosed with IPF intersital pulmonary fibrosis, I have been on many serious medications including an oral form of chemo, had a lung biopsy, sufferd from many different side affects through the last two years and am now being told it may not be IPF. and being refered to pathology in Boston to study my case. If I did all this and took all these very serious drugs and did not need them still not knowing what actually is wrong with me, is this malpractice
I am not licensed to practice in Rhode Island and cannot speak specifically to that state law. However, generally, the answer to your question depends upon many factors. First and foremost you need to know what your medical condition really is and seek that treatment. Then, whether you have an actionable claim depends upon whether it was reasonable for a physician to have diagnosed IPF and treated you for this period of time. The practical answer to the question means that - you may have a claim if you can find a medical expert who will testify that other physicians who were presented with your case would not have reached the same conclusion, and in fact there may be signs and symptoms that your treating physician missed or failed to appreciate. If this is the case, then your expert must determine what damages you have related to the misdiagnosis. You can only recover for the worsening of your condition caused by the delay in diagnosis or the wrong treatment.
Right now, you don't know enough information for anyone to help you answer those questions. It is most important right now that you seek further care and treatment and get the answers once you are on the right track.
Betsey Herd
Tampa, Florida
Morgenstern & Herd