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Sueing a doctor for misdiagnosis?

Brooklyn, NY |

My father went to the ER due to severe pains he was having in his stomach. First doctor to diagnose him said he had gasteritis, gave him pepto bismo and sent him home.. two days later the pains are greater and we go to the clinic, once there a different doctor called the ambulance and informs my father that he had appendisitis and asked why he didn't come to the hospital earlier.. once in the ER we are told the appendisitis has caused an infection in his colon and other surrounding organs.. my father will have to stay in the hospital for a week for treatment if successful no surgery will be performed. So can the first doctor to diagnose him be sued?

Attorney Answers 3


  1. Medical malpractice cases are extremely expensive to run, and without a serious permanent injury, you would be hard pressed to find a lawyer who will pay tens of thousands of dollars if the injury isn't serious. If there was a cancer misdiagnosis, you may have had a big case. As always, I recommend that you speak with a med mal attorney, and go through the facts, to protect your interests.

    The information provided on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.


  2. In NY, a doctor has to certify that another doctor has comitted medical malpractice. so if a doctor does that your father can sue. However, the question becomes are your father's injuries large enough to warrant the costs of a lawsuit. If you father has to undergo surgery, it may be. If the first doctor was at a public hospital, your father needs to serve a Notice of Claim within 90 days of the malrpactice to preserve his right to sue. I am a former federal and State prosecutor and now handle personal injury and malpractice cases so feel free to check out my web site and contact me if you wish to retain counsel.


  3. Perhaps. An expert would need to review the medical records of your father to see whether or not the emergency room doctor deviated from the accepted standard of care. if there has been a deviation which has resulted in damages, your personal injury attorney will need to evaluate whether or not the damages are sufficiently high to warrant the time and large expenses it will entail to successfully sue the ER doctor. I suggest that you may find it helpful to review the Legal Guide I have published on Avvo.com which deals with medical malpractice and what it is.

    Legal Disclaimer:

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

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