Can I sue a doctor for wrong diagnosis?

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I have been seen about 6 times for UTI ( bladder infection) Each time all my symptoms have been the same, but three days later (after they treat me for the bladder infection) the culture comes back negative. Finally today they said it could possibly be Bladder Cancer. I have had all the symptoms of bladder cancer and no body has ever taken the time to test me. So in all can i sue for them not looking more into this throughout the past two years when all these problems started happening? Since it could be cancer, and it could be too far along to treat. Please let me know what you think and possible things i could do.

Attorney Answers

4
Jacob Adam RegarCar / Auto Accident LawyerEncino, CA ·
First let me say that I am sorry to hear that you are experiencing health problems. Medical malpractice cases that involve misdiagnosis can be very tricky. It can often be a fine line between providing conservative medical treatment and just falling short of maintaining the proper standard of care owed to their patients. You will first have to find out whether you have bladder cancer to see if you even have a case. If you do have cancer (and I hope that you do not) then you would need a medical expert to be willing to say that your doctor that was treating your for the UTI's failed to diagnose you as having cancer as soon as they should have diagnosed you. This is the hard part of proving this case. It will be necessary for this medical expert to know the stage of cancer that you currently have to form an educated opinion about when you likely first developed cancer. The expert would then have to say that your doctor dropped the ball at or very near that point in time. You mentioned that you "have had all the symptoms of bladder cancer..." but, it may be that you also had all the symptoms of UTI's. In reality, doctors most likely will not jump to test for cancer unless they are aware of family history of this disease or the actual patient's history with cancer. I know it's difficult to live with the "what ifs" of having cancer but in this case, if you do not yet know if you have the disease, you have to wait to see if you actually do have it. Then, you can contact a personal injury attorney in your area and they will help analyze your situation. You can contact as many personal injury attorneys as you want until you find one that will take your case. If you do have cancer and the pain and suffering that you may experience is increased because of the late diagnosis or if your life expectancy is shortened because of the late diagnosis, you may have a viable claim for medical malpractice. But, you would have to prove that you are worse off now than you would have been even if you were diagnosed earlier. I wish you all the best with your outcome.
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Marc Hurd ·
I can't speak specifically to MN law, since I'm only admitted in CA, but I can give a general overview. In a malpractice (medical negligence) case, you first must establish that the medical professional(s) acted below the standard of care. That can usually only be established through expert testimony willing to say that the doctor who treated you was negligent by falling below the standard of care. Secondly, you must establish that the negligence was the cause of harm. (This is called "causation.") In other words, if the condition is something that he would have had to deal with anyway, or if the condition is something that you and the medical staff could have reasonably expected, the defense will say that the negligence, if any, didn't cause the future issues. The third point is the issue of damages. If the negligence caused you to incur expenses, those would be your "special damages" and for any loss of income your mom contributed to your household. You are also generally entitled to recover for the loss of "care, comfort and society" of the departed. Here, this issue is going to be whether, in reviewing the tests, it was within the applicable standard of care to diagnose you as having a UTI. Secondly, if you have now been correctly diagnosed as having bladder cancer, is your proposed treatment protocol any different than what would have been done if this had been caught during the first couple of visits. You then must assess what additional treatment costs you have incurred, or will incur as a result of the delay. None of this can be done without a detailed assessment of your medical records, by a competent med. mal. attorney and the proper experts. I'd suggest discussing the matter with a local med. mal. attorney soon. Good luck to you!
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Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
I hope that you do not have cancer. If so, a medical malpractice lawyer can order your medical records and have an expert review to ascertain whether you have a viable case. Hope you're ok.
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Adam Morrow ·
As mentioned, your case is dependent on a diagnosis I hope you do not get. If you do, go to a competent medical malpractice attorney in your area. Hire a firm whose practice is limited to or primarily engaged in handling medical malpractice cases. The timeline involved is going to be important should you have a diagnosis of cancer for a few reasons. You mentioned 2 years went by from the time you were told you had a UTI until you were told you might have Bladder cancer? Is that correct? You were seen 6 times over the course of 2 years and diagnosed with a UTI every time? How many times were cultures taken? How much time was it from when your culture came back negative until you were told you may have cancer? Answers to these questions are necessary in order to have a better understanding of the facts and potential theories of negligence.
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