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Can I pursue legal action?

Rochester, NY |

My wife began experiencing severe headaches and eye pain, an eye specialist told her it was a possible brain aneurysm. She had MRI and cat scans done, as well as a spinal tap and has even seen a nerologist. All of which found no brain issue. She went for new glasses and the eye doctor told her the muscles in her eyes were very weak which could end up resulting in blindness. He called the original specialist to send her there. They refuse to see her insisting it's a brain issue and another doctor has also confirmed weak eye muscles are the problem and surgery is necessary and tried to send her again to the original specialist.

Attorney Answers 5

Posted

I don't see any potential medical malpractice here, but I may not have all the facts. In order to have medical malpractice, a medical official (doctor, nurse, etc.) has to have caused some injury that was the result of a breach of duty that goes outside the standard of care they owed to your wife. If they are simply saying it's a brain issue and she needs to see a specialist, she should follow that advice.

The information provided herein is general information only and is not legal advice. The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with an attorney. It is important to have a consultation with an attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.

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Posted

I think your wife needs to keep searching for the cause rather than worrying about suing. Until she knows what the cause is it would be hard to prove medical malpractice.

I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 17 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.

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Posted

Your facts do not give sufficient basis for a med mal claim.

I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 17 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.

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Posted

Until a proper diagnosis of your wife's problems is made no attorney can assess whether there was malpractice. Sped your energy helping her. Then you may approach the issue as to what went wrong, if anything, with her prior treatment.

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Posted

From what you listed above, I see different medical professionals with different opinions, and I see some trying to rule out different medical possibilities, but I don't see that anyone did anything wrong.

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