For over a month, I have been ill with severe migraines, nausea, fatigue and body aches which I been seen in the ER multiple times for. My first ER visit, I was given CT exam which requested a MRI due to abnormality shown (possible inflammation), the doctors had the MRI performed and told me that they saw nothing and sent me home. After this I went back to the hospital 3 more time for the same problem and on the last visit another MRI was performed and once again I was told it looked fine and that I could go home. I recently requested my medical records from the hospital and after reviewing the MRI reports, I learned that the MRI's showed a retention cyst in the right maxillary sinus, the doctors never disclosed this info. My research shows that this cyst could be the cause of my symptoms.
retention cyst is generally an incidental radiological finding.The delay of a month may not be significant.
Every action even though improper, delayed etc may not necessarily be malpractice in the medical negligence field.
You have to prove the breach of a particular standard of care,causation and nevertheless damages. If there was delay and minimal foreseeable problems with or without delay there are no damages.
Finally these cases cost in high five to six figures to prosecute whereas in most instances the maximum general damages you can collect in California is $250,000.00( Thanks to a law called MICRA in California !!)
Therefore, consult a malpractice lawyer if you want to further investigate this.
The California legislature has made the legal procedures and rules for medical malpractice cases different from other areas, and done so with a purpose - that purpose being protection of doctors... and while there are many who see protecting doctors as a bad thing, it is not in and of itself really so... some doctors should be protected while others should not get the extra legal shield afforded by the law. Physicians provide an extremely valuable services to the public and one that requires an enormous amount of skill and brain power to provide correctly - all in a field which is not black and white science but science and art combined - lives are at stake, opinions vary, advancements in science abound, no two patients are alike, etc.
Physicians are not held to a standard of perfection or even to the standard of being the best or even almost the best... They are held to the standard of care for their community and peers.
In addition, medical malpractice cases are extremely expensive and difficult to bring (properly, that is... anyone can slam together an unintelligible complaint and pay the filing fee). To make a suit "worth it," there needs to be significant damages - and damages that would not have occurred otherwise. As a generalized example, a one month delay in treatment, that is just as effective one month later as it would have been earlier is not going to provide significant damages.
Ignoring all of my above post, anyone who even thinks he or she has a medical malpractice case should immediately consult with an experienced medical malpractice attorney. Most of us offer free consultations, so there is nothing to fear in calling us.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Medical malpractice cases require that there is a breach of the standard of care and damages caused by the breach of the standard of care. You would need to establish that the failure to disclose the findings caused damages that would not have occurred but for the failure to disclose. Now, all that said, you should consult with a local medical malpractice attorney.
The cost of a med mal suit for a delayed diganosis of a cyst would likely far exceed the recovery. The only way to know if there was malpractice is to retain a local med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases (Cerebral Palsy), failure to diagnose cancer cases, and wrong site surgery cases.
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