I was in a car accident and all ready had neck issues, so I asked my Dr for a MRI wich he denied me one.

My pain was worse day after day. I finally got a ER Dr to tell him it is necessary, and the results have shown more problems just as I thought. I know have numbness and tingling in my arm and fingers and at times blurred vision . Can this be a malpractice claim?

Vancouver, WA -

Attorney Answers (10)

Scott W Edwards

Scott W Edwards

Car / Auto Accident Lawyer - Vancouver, WA
Answered

It's difficult to assess whether you might have a malpractice claim. It does sound like you might have a motor vehicle claim however. Depending on who was at fault for the collision you might be able to recover for your medical bills and your pain and suffering. Even if the crash was your fault, you may have coverage under your insurance policy for some of your medical bills.

You should consult with a personal injury attorney about these two issues. Most, including myself, offer free consultations.

Good luck.

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Christian K. Lassen II

Christian K. Lassen II

Car / Auto Accident Lawyer - Philadelphia, PA
Answered

Perhaps. You did not mention who caused the car accident, but you should call a local lawyer to investigate.

Matthew C Simon

Matthew C Simon

Personal Injury Lawyer - Parsippany, NJ
Answered

It may be a malpractice case, but it also may be a personal injury lawsuit in connection with the motor vehicle accident. Get copies of all of your medical records and bring them to an experienced personal injury attorney who handles malpractice cases as well. Good luck.

The above is general information only and is not legal advice. The information provided does not form an attorney-... more
Matthew Charles Price

Matthew Charles Price

Car / Auto Accident Lawyer - Osage Beach, MO
Answered

The auto accident claim is much stronger than any malpractice claim based upon the info you've shared. Hire a WA injury attorney to represent you.

An attorney-client relationship is NOT created through the use of this website or by answering this particular... more
Jeffrey Mark Adams

Jeffrey Mark Adams

Car / Auto Accident Lawyer - Bronx, NY
Answered

Not in my view. Go to a different doctor. Feel better.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
Gregory Stuart Marshall

Gregory Stuart Marshall

Car / Auto Accident Lawyer - Everett, WA
Answered

It is difficult to say, mainly because it may be nearly impossible to predict whether any other treatment would have been recommended if the MRI were performed earlier and thus whether the delay in ordering the MRI--or the accident for that matter--was a direct cause of any of your damages. On the other hand, if you were not at fault in the accident, and a medical profession confirms that the worsening in your neck was probably caused by the collision, you can recover you damages, including those that may have resulted from the delay in ordering your MRI.

Please consult with a local attorney regarding your case.

This answer is intended to provide general guidance only and does not create an attorney-client relationship.... more
Kevin Coluccio

Kevin Coluccio

Car / Auto Accident Lawyer - Seattle, WA
Answered

You need to contact and consult with a local attorney. All issues need to be reviewed.

William John Carlson

William John Carlson

Car / Auto Accident Lawyer - Bellevue, WA
Answered

You should go to a different physician, explain your symptoms, and request diagnostic studies such as an MRI. I suggest you see a neurologist or Physical Medicine & Rehabilitation specialist for examination.

Jeffrey Ira Schwimmer

Jeffrey Ira Schwimmer

Personal Injury Lawyer - New York, NY
Answered

Since you already had medical problems with your neck, and you are claiming that the recent accident caused you more injury (or exacerbation/aggravation of a previous condition), you would not have a medmal claim against your doctor for the delay caused by his refusal to order the MRI unless you can show that his delay was the cause of the new injuries or worsening of the old injuiries; which would not likely be easy to do in your instance. Even then, the damages you would be entitled to from the doctor would only be the value of the exacerbation caused by his negligence, not for the exacerbation from the accident - and there will be realistically no way to distinguish the two. As suggested, consult an attorney to pursue the auto accident as exacerbating and worsening your pre-existing conditions.

Christopher Steven Hoffmann

Christopher Steven Hoffmann

Car / Auto Accident Lawyer - Saint Louis, MO
Answered

In all cases of failure to diagnose or treat, there is the issue of the deviation from accepted standards of care, but there is also the issue of the damages cause as a result. In this case, you will have to get an opinion on both. Meaning even if the doctor committed malpractice, are the injuries related and would I have been any different as I sit here today had an MRI been ordered and treatment rendered. Get a new doctor and see what they have to say. You can also call a local attorney for an opinion. There are also cost benefit considerations.

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