I really don't want to file a lawsuit. Is there any way to have justice and maybe even compensation for damages without one?
peaches6
Consult with an attorney and find out what your options are. Usually the consultations are free. Good Luck!
laughter_every_day
Many states have a separate procedure before court just for med mal cases, to see if they have merit. Talk to a local lawyer with experience in the area. If you have no economic damages, however, don't waste your time.
wendy c
Compensation and lawsuit are things you cannot split. If you think you are owed money, you have to file a lawsuit, and prove your case.
My daughter is bipolar.. psychiatric issues are OFTEN disputable and opinion of the person they see. If she saw 4 different psychiatrists, she could have 4 different opinions (and did). And yes, we suffered a GREAT deal of harm, when they failed to treat correctly, because they did not accept what we knew. For malpractice, I think you would HAVE to have not only a different diagnosis from someone else, but proof that the original Dr acted negligently.. not just different opinion.
I have written statements presenting my perspective and facts, which was sent to the Dr, and (hopefully) that becomes part of the file that it was disputed. I honestly think my statements would get dumped. You also have the option of filing a complaint with the State medical board (assuming you are in the US), and again.. providing SOLID information that the first Dr. should have known better. Unfortunately, much of medicine is not as clear cut as we think it should be.
There are lawyers who will consult with you. Be careful.. you know that SOME lawyers are also less than capable, and out there on TV, promising things that they can't deliver.
Orignal From: What is the proper procedure for disputing a medical misdiagnosis and malpractice?
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