Consult a medical malpractice attorney to be sure but it doesn't appear your damages are substantial enough to warrant bringing a claim.
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The most important question in a case like this is what are the damages? You can use whichever doctor you want, but if there are no damages then a lawsuit would not be warranted.
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Without significant damages, a malpractice case could easily cost thousands more than would be recovered, but have a local malpractice lawyer in your area review the medical records.
Medical malpractice is difficulty to prove and it is a costly litigation. As such, unless you have significant damages, its generally hard to get an attorney to handle the case and lay out the expenses. Gather your medical records and take them to a local personal injury attorney who offers a free 30 minute consultation. I know several in your area if you need assistance finding a consult. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Sorry to learn. Assume everything done 100% correct. How are you different now? That is the key question.
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It's disturbing that there was an ongoing problem with medical records that affected your treatment.
I would consider seeing a new doctor since they have an on-going problem mixing up your records with that of another person and have not been able to straighten it out.
If that is not an option, you need to discuss with them what actions they are going to take to make certain that the records do not get mixed up in the future. You might consider writing a letter to the head of the practice.
You also have the option of filing a complaint with the NJ Board of Medical Examiners - more information here - http://www.njconsumeraffairs.gov/bme/faq/conFAQ.htm
I agree with the other attorneys that a medical malpractice lawyer might not want to take this case but t's a good thing that you weren't seriously injured by getting the wrong treatment.
This response does not constitute legal advice and does not create an attorney-client relationship. Due to the complexity and ever-changing nature of the law and to the limitations of this forum, this information may not be adequate for your specific situation.
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