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Is permanent loss of muscle from unnecessary treatment suffiicent damages for malpractice.?

Miami, FL |

I received a hormone as a result of a misdiagnosis as the result of a wrong read mri that resulted in wasting a significant portion of lean body mass because the doctors also forgot to check for current medications which I had taken for the past 8 yrs which results in the body responding like it had received 10x the amount of hormone. (That is 3 mistakes). I can funciton but my "white meat" is gone especially in the upper body and arms and it is hard to work out and I have back pain because of wasting of the core muscles and I can't do any of the athletic activities that I did before because there is no shock absorption in my body and I get winded easily. I spent a lifetime putting on lean body mass, it's not going to recoup in 9 months which is how much time has past. Is this sufficient

damages? also I am 25yrs of age so age to death is longer, unfortunately.

Attorney Answers 4


  1. It is possible but you should meet with an attorney specializing in this area and go through all details and show the attorney all medical records if you have them. Most attorneys do medical malpractice cases on contingency so it's worth it to you to meet with one or two attorneys to discuss your case.

    This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only.


  2. Medical Malpractice actions are very expensive to prosecute due to strict pre-suit statutory requirements and the need to hire expert witnesses. If the damages do not justify such a lawsuit, then no attorney will handle it. You are saying that you will fully recover in 9 month. Without any additional facts, I believe your damages are not enough. I, however, need more facts and your medical records to better evaluate your case.


  3. Muscle atrophy can result from a variety of conditions. From what you have told us, you have a complicated history and it is difficult to understand the injury as it relates to your diagnosis or treatment. Certainly, you should consult with a local lawyer


  4. Only a review of your medical records with an interview with you and evaluation of all factors can answer your question. Make an appointment with someone who specializes in medical negligence work to ask. Do it soon. There are limitations of time within which to bring such claims.

    This is not intended as specific legal advice to you or about your case. The only way to provide that is for you to have a conference with an attorney so they can ask you questions about your claim, read records and learn far more than is contained in your note. No attorney-client privilege is established by this response.

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