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Would this be considered medical malpractice, if a doctor doesn't diagnose you properly?

Glendale, AZ |

I went to the emergency room on March 15 2012 due to sever side pain, a doctor told me to wait and that he had some good drugs he could give me. After the five hours passed and me complaining I asked for some relief, and when the doctor came with the diagnoses, it was nothing I Thought it would be. He told me I was fine and the lab work was great, and discharged me from the hospital. Of course still suffering from the pain I went and pulled my medical records to find out I had a 2cm benign tumor, on my right adrenal gland. I later went to a kidney specialist and confirmed the tumor , MY pcp referred me to a endocrinologist, that recommended me to remove the tumor because it still is bothering me. I would have never known what caused the pain if I didn't pull my own medical records.

Attorney Answers 4


You may have a cause of action, but minimal if anything. In Illinois, it all comes down to permanency, and if anything resulted as a regular of the malpractice. He breached the standard of care, but to file suit, you would need a little more. Contact a local malpractice attorney in your area to further discuss.

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Misdiagnosis can lead to a claim if damages resulted from the misdiagnosis. As such, if you didn't suffer significant damages from the delay in removing the tumor you wouldn't have a claim.

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You have a technical claim however from the facts, you have no damages since the tumor would have been removed anyway. You did not indicate that you suffered from any distress from the mis-diagnosis and you stated that the tumor was benign. Had the tumor caused some other physical problems other than the short duration of additional pain, you might have a claim for damages however they would be minimal.

The cost of prosecuting a medical malpractice case is extensive and in Arizona would require the use of one or more experts just to prove the that their was negligence. From the facts, I doubt you would be able to locate a good qualified medical malpractice attorney willing to advance the tens of thousands of dollars necessary to prove up your claim for a short period of pain.

Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.

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1 comment

Laurence Michael Deutsch

Laurence Michael Deutsch


I agree that there is nothing here to pursue. Technically, I would say you do not even have a claim. The elements of a malpractice case are: (1) deviating from the standard of care, (2) that caused injury, resulting in (3) legal damages. In this case, there does not appear to be any cause of additional damages. So, its not just a case of the damages being "too small" but that legally your case would probably be dismissed for having no causation of damages (delay did not compromise you, and there is no indication of additional suffering due to same).


The cost of a lawsuit would likely far exceed the recovery, however, have a med mal lawyer in Glendale review your records.

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