You have not provided nearly enough information to provide you with any kind of initial assessment. Certainly a misdiagnosis can be the basis of a medical negligence claim. YOu have not provided any information concerning this misdiagnosis. If you feel strongly about this you need to hire a lawyer willing to investigate the claim. That lawyer will gather your medical records and have them reviewed by a medical expert in the same field of medicine as the doctor involved. The expert will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care--in your case would the average doctor made the correct diagnosis and if there is negligence 2 did it cause an injury. There is no claim to pursue unless and until such an opinion is secured. Even if there is negligence unless the injury is severe or permanent the case may not be economically feasible to pursue. THese cases are risky and expensive to bring especially in a state like yours--not a good place to seek justice for medical negligence-- and if the case would not likely result in a meaningful economic recovery to you even with a verdict in your favor then pursuit may not be in your best interest.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
Post is unclear, but your records can be ordered by a local malpractice lawyer who can send them to an expert to ascertain whether there was a breach of the standard of care.
You appear to be saying that the doctor did an unnecessary surgery. This could be the basis for a malpractice claim if you can prove that a minimally competent doctor under similar circumstances would not have performed the surgery. The fact that the surgery turned out not to find anything is not the standard and the fact that nothing was found does not automatically mean the doctor made a mistake. You can collect your records and ask a medical malpractice attorney to review it, but the time to do so can be very short in Mississippi. Sometimes is only 1 year from the date of injury, but even then the lawyer would usually need months to get an expert review done and file the proper notice letters. Don't miss your time if you intend to pursue this.
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