How would I prove a doctor never informed me of a medical condition on a diagnostic test he sent me for.

Asked about 1 year ago - Tuckerton, NJ

I had seen a doctor for a medical condition, which came back negative; thank god. However, the radiologist had noted another medical condition, which I was never informed of by my doctor. What information would I need, or how would I go about proving he never informed me of the newly discovered condition?

Attorney answers (6)

  1. David Brian Snyder

    Pro

    Contributor Level 15

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    Lawyers agree

    Answered . Radiologists normally don't have more of a duty than informing the ordering physician in the report of their findings. Where you may have an issue with is with the ordering physician who should have informed you of the finding. That said, you still have to have damages in order to bring a lawsuit. From the tone of your question, it sounds like the negative diagnosis was the serious condition and the other finding was not as serious. If it was and there are complications as a result, then you should seek the counsel of an attorney. Please search Avvo.com to find a lawyer near you for a consultation of your situation.

    David B. Snyder, Esq.
    6876 Buckley Road
    Syracuse, NY 13212
    315-451-3040
    https://snyderlf.com/SyracuseMedical_Malpractic...
    Mr. Snyder is licensed to practice in New York and practices Medical Malpractice Plaintiff’s work in Syracuse; he cannot offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . The issue is what damages did you sustain from this. Have a local malpractice lawyer investigate. I'm sorry but the malpractice cases my firm takes are limited to birth injuries & cancer misdiagnosis. Good luck.

  3. Matthew C Simon

    Pro

    Contributor Level 18

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    Answered . I agree with my colleagues. The key issue is what are your damages/injuries/expenses as a result of the undiagnosed condition.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  4. Andrew D. Swain

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . In some cases, a referring physician and the imaging center each have a duty to communicate their findings to the patient. A radiologist has a duty to communicate directly with the patient his or her findings when performing mammography. Since 1992, the Mammography Quality Standards Act (MQSA) requires that within 30 days every patient who receives a mammogram shall receive a written report “in terms easily understood by a lay person", and this report shall be sent from the breast imaging facility. For other imaging tests, the referring physician is responsible to communicate the test results, however, there are other cases where both physicians have a duty to advise the patient of adverse findings. To prove that a test result was not communicated to the patient a lawyer can rely upon the patient’s testimony, the doctor’s testimony, the medical chart, and the doctor’s failure to order follow up testing, if it was warranted by the finding.

    Legal disclaimer: The statement above is general information and not intended to be a legal opinion to be followed.... more
  5. Josh P Tolin

    Contributor Level 19

    3

    Lawyers agree

    Answered . You did not mention what the newly discovered condition is, or how that has damaged you. As the other attorneys have pointed out, unless you have a provable injury from a delay in either diagnosis or treatment, you don't have a case to pursue.

  6. Adam Morrow

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . In addition to the rest of the answers provided and follow up questions asked, you also didn't
    say how you found out about this other condition your referring doctor knew about and did not tell you. If the information is in your medical chart from the referring physician, you will have a difficult time proving he did not tell you.

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

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