I was treated for pain and complained of pain for past ten years to a old pcp,he said a mri was to hard to get through medicaid and didnt even try to get me one.I went to a pain dr and within 5 mins they had me approved for 2 mris of diff areas of back.Came back with bulging disks and some other issues. Could i have a malpracrice claim for ten years of the extra pain and suffering i had to go through because of him not giving me the tests i had requested repeatedly?
You should get a consultation from a member of the Pennsylvania Association for Justice, but I doubt anyone will take it. Why? Being a douche isn't malpractice. You could have gone to another doctor. Bulging discs normally don't warrant surgery, so not having the MRI might well not have changed the treatment you'd get on Medical Assistance. What an average jury would give you for any difference wouldn't outweigh the huge expense of malpractice cases. But get a free consultation from a PAJ member in your general area.
Not likely, but you can get a better doctor. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
I would say that it is very unlikely. You would have to prove that the first doctor violated the medical standard of care, that the damage to your back as it is now existed 10 years ago, and that it is reasonable that you only discovered the alleged malpractice now.
That said, I would speak with a medical malpractice lawyer in PA for an opinion specifically related to your situation.
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To the extent there was ever a claim here, the statute of limitations ran about three years ago. All cases must be filed within a certain time or all rights to make a claim end. From the facts you present, at best you had 7 years from the date of the negligence to file a claim with the court.
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That is unfortunate that you had to suffer for 10 years. The legal questions that must be answered are (1) Did your PCP violate the standard of care in not ordering an MRI 10 years ago? and (2) if he had ordered an MRI 10 years ago, would it have shown the budging disc? The second question may be difficult to answer, but perhaps the findings on the recent MRI will demonstrate evidence that will allow an expert to age the budging disc. Because medical malpractice cases are complex and expensive to pursue on a contingency fee basis, you may have difficulty finding an attorney willing to accept your case where the damages are 10 years of pain and suffering. Every attorney that handles medical malpractice cases has a threshold regarding what cases he or she is willing to investigate based upon the harm that the patient suffered. While pain and suffering is not to be marginalized, standing alone, it may not be enough to justify the time and expense of prosecuting a case. Therefore, if you are interested in perusing a claim I encourage to contact several attorneys before you give up.
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