I'm hoping someone with some medical legal expertise will see this, not just guesses as I can do those myself. LOL The story.
I had almost classic symptoms of Multiple Sclerosis and was sent to a neurologist. This guy did not order the standard tests which should have been done anyway to at least rule out that and other conditions. Such as an MRI, lumbar puncture, blood tests, etc. Instead he did just one, the EMG/NCV. Which is the place to start but certainly not to stop. He misread the test and said my nerves were damaged in my feet which is peripheral neuropathy. They are not but that is one symptom. He failed to continue on to find the cause of this.
I finally decided to get another opinion and the second neurologist redid the EMG/NCV (which was read correctly) but also ordered MRIs, lumbar puncture, blood tests, and numerous consultations with other specialists. The diagnosis is Multiple Sclerosis.
This is a progressive condition and it is critical to start treatment as soon as possible for the highest success rate. I feel that my treatment has been delayed because of the misdiagnosis and basically that nothing more was done by the first doctor.
This is not about money! I really don't care. But his office was jam packed with people due to the fact that he is the only neurologist in this rural area. I had to drive an hour one way to find the second one. I shudder to think of how many people are not being helped when they could be. And I'm angry that he may have made my condition worse by his negligence.
Is this a case? Is it worth pursuing or this hard to prove?
Because MS IS hard to diagnose, that may be right, but I had classic symptoms and a lot of them. Almost every single one. I, as a layperson, could see that the potential was huge which was why I switched doctors. If I was able to see this, shouldn't a specialist have pursued it? I even asked about it and was dismissed.
Having a doctor who isn't qualified isn't good, whether they're the one one or not.
Agent Razor
you potentially have a case depending on whether its standard practice to always order the MRI's for somebody such as yourself. I'm not sure about the law where your located, but many places have laws that state the standard of care is equivalent to those located in the same community, i.e. geographic location. Considering you live in a rural area, MRI's may not actually be the standard thing to do.
As for proving your case, it will be costly and expensive. Most lawyers that work in this field work on a contigency basis and are not going to be willing to work long hard hours to make minimal in return. The reason they would make so little is because your damages, if proven would be limited the time between the first doctors misdiagnosis and the current doctor's correct diagnosis. Minimal money at best.
So in conclusion - potentially you have a case, and secondly it's going to be hard to prove and hard to find an attorney to take the case. Medicial negligence cases tend to be those where the damages could be more than 100K, anything less may not be worth the attorney's time.
Susie D
"May" is the key word - his missed diagnosis "may" have caused a problem.
The reality is that MS mirrors many other disease processes - including peripheral neuropathy. A missed diagnosis is not that uncommon, and in fact people can sometimes go months or even years without an accurate diagnosis.
Expect the situation you saw with the neurologist's office in your small town to only get worse as law suits drive more and more physicians out of specialized practice. No one wants to be the doctor working in such a frighteningly inexact field as neurology because people tend to sue the second they "think" they've been wrong.
rugrat
I was miss diagnosed with Emphazema,COPD,and broncitis,I actually was treated for awhole year for these conditiond when all the while I had to have a heart Valve replaced and a double by-pass.I called a lawyer about this and he told me there was nothing that could be done about the miss diagnosis. I would say this is going to be hard to pursue. Good luck.
Maggie F
It is a shame that you had to go through this. I am very sorry to say that this is very common with MS. Many of us are misdiagnosed with psychiatric disorders, such as conversion hysteria, as was I. We are labeled as malingers, hypochondriacs, told we have brain tumors and on and on.
My Mother went through it for decades and wasn't diagnosed until she was 59. I diagnosed myself when I read about the symptoms of visual scotoma with optic neuritis.
You could consult with a medical malpractice attorney.
Good luck
I have an on line support group for MS.
http://health.groups.yahoo.com/group/MSResources/
Orignal From: Medical Negligence or Not?
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