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Can I sue my previous Doctor and the corporation she works for due to misdiagnosis?

Sacramento, CA |

Hi, I have recently changed doctors due to my previous doctor being completely inadequate in care. I have been experiencing chronic neck pain that leads to severe headaches and migraines for the past few years, each time I went in to see my old doctor (usually every 2 months or so), she would check it out and tell me it was simply a muscle spasm or muscle strain and to take migraine medicines and pain relievers (ibuprofen), I went in at least 7 or 8 times regarding this pain. I went into my new doctor, he advised that I have Fibromyalgia in my neck and that if it were diagnosed earlier I could have simply taken medicines/gone to therapy to cure it, but now only expensive surgery or extremely painful therapy would help. Is there any legal action I can take on my old doctor for misdiagnosis?

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Attorney answers 5


Surgery for fibromyalgia? Get a second opinion before you go for that. The facts you state do not jump out at me as a potential medical malpractice case, but if you seek legal advice, do so soon. CA has a very short statute of limitations for medical malpractice.

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Paul J Molinaro

Paul J Molinaro


Surgery as a cure for fibromyalgia? Now that might make a good medical malpractice case... let's hope that someone who actually has fibromyalgia gets a second, third, and fourth opinion as to that drastic treatment for a non-disc disease diagnosis. - Paul Paul J. Molinaro, M.D., J.D. Attorney at Law, Physician, Broker Fransen & Molinaro, LLP 980 Montecito Drive, Suite 206 Corona, CA 92879 (951)520-9684 / "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 and does so anywhere in the State of California.


Think this through.

Get a second look

Malpractice requires evidence of treatment that was below the standard of care. Proof is needed.


I am not licensed in CA but I also agree that you should get a second opinion regarding our condition. I have never had a client have surgery for fibromyalgia and as a physiologist it doesn't make sense. It is likely that if there was a delay on diagnosing your condition what ever it is - you have suffered pain and suffering for a limited time. Mather costs of bringing a claim may well exceed any potential recovery.


Get a second opinion.


There is no cure for Fibromyalgia. There is no surgery that can be performed for it as well. Either you completely misunderstood what your doctor told you or he/she got his medical degree online after completing a short questionnaire.

Most definitely get a second opinion.

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