If I had a heart attack 3 yrs ago and wasnt told by my doctor is this negliance
2 Answers from Attorneys
Maybe, maybe not. Negligence means that the doctor, owing you a duty of due care, discharged his duties carelessly, resulting in harm to you. Now if I had an anterior wall infarct that I didn't know about, and took up a sport such as white water rafting, and the exertion and thrill induce an arrythmia due to the scar tissue and that kills me, my heirs would have a good lawsuit. Otherwise, you have to find a harm that resulted from the physician's failure to advise you of the problem.
The doctor's failure to tell you of the heart attack, by itself, would likey not make for a successful case. If you suffered physical injury because of the doctor's silence, that's another story. Best, M. E. Zuller