Do I have Medical Malpractice suit?

Asked almost 2 years ago - Brooksville, FL

I have HMO that requires I see Primary doctor for everything and then that Doctor refers me to any needed Specialists . Well my Primary refused to refer me to Nerve Spec , even though I told him of my previous nerve damage and the severe pain . I also told him I had a urinary infection and he did not believe me . So I changed Primary doctor . Well this took over 3 months to get apt with new doctor . During this time . my insurance company gave me a referral WITHOUT my doctors referral to a pain mtg doctor because of such severe nerve pain . Well 3 months later , I now have proof of the severe nerve damage . so bad that i am on daily morphine ! So can i sue previous doctor for all the months of unnecessary pain and refusing to refer me ? ? Also , I went to Gyno right after him and DID have urinary infection

Attorney answers (6)

  1. George Costas Andriotis

    Contributor Level 20

    6

    Lawyers agree

    Answered . If the doctor breached the standard of care required and your damages are substantial enough to warrant a claim I would consult a medical malpractice attorney. Are your damages/injuries worse now than if the prior doctor would've referred you months ago? You should consult an attorney to review your medical records.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  2. Sagi Shaked

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . It depends. If the doctor fell below the standard of care for primary care physicians then you would have a case if your injuries got much worse then they were initially. For example, if your nerve injury did not get worse during the 3 months, then you would a case but I doubt a lawyer would take the case as insurance companies fight these cases to the end.

  3. Robert Edward Fenster

    Contributor Level 14

    6

    Lawyers agree

    Answered . If all there is to the circumstances is in your question, the practical/realistic answer is : "No". To be safe, you must consult with a medical malpractice lawyer.

  4. Kenneth Joseph Bush

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . I'm sorry you went through that experience. Legally/technically speaking, if the physician fell below the standard of care, you may have a claim for the unnecessary pain that resulted. Practically speaking, it does not appear that the potential negligence CAUSED the kind of substantial long-term damages that are necessary to make a medical malpractice injury feasible to pursue.

  5. Patrick X Amoresano

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . New Jersey Medical Malpractice - Delayed Diagnosis - Temporary Injury Pain and Suffering. By Patrick Amoresano - Although your question comes from Florida, certain medical malpractice practicalities are uniform throughout the nation. One practicality is that temporary injuries and pain and suffering are typically not worth pursuing because the prosecution of a medical malpractice claim is almost always a time-consuming and expensive endeavor, and that investment of time and money is typically not justified by the monetary value of temprary pain and suffering.

  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The case would likely cost thousands more than would be recovered, but have a med mal lawyer in your city review.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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