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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.

Vancouver, WA |

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?

Attorney Answers 10

Posted

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

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Posted

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-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.

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Asker

Posted

My insurance company is finding me at fault. My problem is that I feel my Dr should not have denied me a MRI knowing my condition and that I was in a mva. I been suffering for 8 years prier so why wouldn't he want to check for any damage that may have occurred after a semi hit me.

Matthew C Simon

Matthew C Simon

Posted

I understand... and you may have a case, but malpractice is a very tough standard to prove. Let an experienced attorney review your records.

Posted

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 post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.

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Asker

Posted

I can't my insurance is finding me at fault.

Asker

Posted

I can't my insurance is finding me at fault.

Posted

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.

If this information has been helpful, please indicate below. DISCLAIMER: This information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation. Scott W. Edwards Attorney at Law Schauermann Thayer Jacobs & Staples 1700 E. Fourth Plain Blvd. Vancouver, WA 98661 PHONE: (360) 695-4244 FAX: (360) 696-0583 E-MAIL: ScottE@stjs.com

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Posted

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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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Posted

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. Please consider retaining legal counsel if you remain uncertain about your rights.

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Posted

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

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Posted

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.

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Posted

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.

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Posted

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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