I have been diagnosed for right ovary cyst and did abdomen incision after opening my stomach they found it is endometriosis and simply closed it.can I sue the doctor without proper diagnosing and doing operation to me???please answer
Answered on: 11/12/11, 6:06 pm by Nima Taradji
Figuring out whether a case for medical malpractice exists is more of a medical question than a legal one. To have a case you have to show that your doctor has failed to follow the proper standard of care in providing you care and treatment. To figure that out, you must obtain all your medical records and charts and have them reviewed by a surgeon. If the expert says that your doctor failed to follow the proper standard then you have a case. If not, then you don't.
The next consideration, assuming the doctor failed to provide you with proper treatment, is to know what are the damages that have resulted from the doctor's improper action. If the damages are catastrophic and have resulted in permanent injuries, then it may be cost effective to pursue a lawsuit. if not, if your damages are not catastrophic, it will not be cost effective to take the case any further because medical malpractice cases are very expensive and unless the return justifies it, it won't make sense to pursue it.
I hope this helps-
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