Legal Question in Medical Malpractice in California

Re: Misdiagnosis

Yes you have a case. The question is, what additional damages were suffered due to the misreading. As cases against doctors are so expensive and difficult, most attorneys must have a case with significant damages to make it feasible to prosecute the case.

Additionally, you must have a professional testify that the misreading of the radiograph was "below the standard of care"

Joel

Re: Misdiagnosis

Your wife MAY have a case. However, without reviewing her records it will be virtually impossible to say so. You may contact me for an evaluation, if you'd like.

Sincerely,

Armen Tashjian

Re: Misdiagnosis

If there was no permanent injury that the delay caused, I'm not sure an attorney would want to handle this matter. Nevertheless, you might consider bringing the matter to the attention of the x-ray reader's superiors.

Re: Misdiagnosis

You have an 'issue', yes. Whether you have grounds for a suit depends entirely upon expert doctors' willingness to testify that the prior care was negligent, and that the negligence caused damage such as the surgery that otherwise would have been unnecessary.

Re: Misdiagnosis

X-rays are never "read" by "techs." They are (or should be) always interpreted by licensed physicians who are responsible for using the degree of care that a reasonable physician in your area would use. Sometimes hospitals or insurance companies have the X-rays read remotely by doctors in foreign countries (such as India). It is possible you might have a case of interest to an attorney, depending on your damages which would include the extra pain and suffering endured. It would also depend on whether you signed or are otherwise subject to an "arbitration" agreement. If you decide to pursue this, remember that you have a limited time within which to do so. Good luck.