Can I sue my previous Doctor and the corporation she works for due to misdiagnosis?

Asked over 1 year ago - Sacramento, CA

Hi, I have recently changed doctors due to my previous doctor being completely inadequate in care. I have been experiencing chronic neck pain that leads to severe headaches and migraines for the past few years, each time I went in to see my old doctor (usually every 2 months or so), she would check it out and tell me it was simply a muscle spasm or muscle strain and to take migraine medicines and pain relievers (ibuprofen), I went in at least 7 or 8 times regarding this pain. I went into my new doctor, he advised that I have Fibromyalgia in my neck and that if it were diagnosed earlier I could have simply taken medicines/gone to therapy to cure it, but now only expensive surgery or extremely painful therapy would help. Is there any legal action I can take on my old doctor for misdiagnosis?

Attorney answers (5)

  1. Joseph Jonathan Brophy

    Contributor Level 20

    4

    Lawyers agree

    Answered . Surgery for fibromyalgia? Get a second opinion before you go for that. The facts you state do not jump out at me as a potential medical malpractice case, but if you seek legal advice, do so soon. CA has a very short statute of limitations for medical malpractice.

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  2. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . I am not licensed in CA but I also agree that you should get a second opinion regarding our condition. I have never had a client have surgery for fibromyalgia and as a physiologist it doesn't make sense. It is likely that if there was a delay on diagnosing your condition what ever it is - you have suffered pain and suffering for a limited time. Mather costs of bringing a claim may well exceed any potential recovery.

  3. Armen Michael Tashjian

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . There is no cure for Fibromyalgia. There is no surgery that can be performed for it as well. Either you completely misunderstood what your doctor told you or he/she got his medical degree online after completing a short questionnaire.

    Most definitely get a second opinion.

  4. Alan James Brinkmeier

    Contributor Level 20

    3

    Lawyers agree

    Answered . Think this through.

    Get a second look

    Malpractice requires evidence of treatment that was below the standard of care. Proof is needed.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Get a second opinion.

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