I have never been diagnosed by a doctor to date. All my diagnosis's are ordered and Clinically proven. Not one doctor has caught my broken back, but I have the MRI showing it was broken. No doctor ever diagnosed me autistic, but I am. No doctors will even acknowledge that I am celiac. How do I know I am gluten intolerant? Just a 99.9% accurate genetic blood test, ordered by who? Me.
I have proven all that I have been left out in the cold with. Recovered mental health issues, permanent celiac related nerve damages, I can even prove my neck was broken. Not one doctor found it, but if I hadn't ordered the MRI, I would doubt it myself.
The entire area medical system, has collapsed around me. Not one lawyer will take a case tagged mental illness. The only person who can prove I was ever mentally ill, is myself.
I have never harmed a person or myself, in my entire life. But I had strong control over my overwhelming anxiety. Thank god for genetic testing and it's removal of the word "Medical PRACTICE". I practice medical science.
I have lost all I owned to an irresponsible FDA. I haven't had a limb accidently removed, so no lawyer wants to speak with me. I do not meet their $ 300,000 criteria.
I am a genetically proven celiac, Celiacs is related to autism. I am now gluten free. My mind has returned to a body broken by disease. I am a 43 year old man with a family.
I am within the 3 year term of malpractice. I was refused an MRI on my now repaired maniscus, and was refused celiac testing on the same date 18 months ago.
If I can provide all the documentation of genetic tests and all my MRIs that prove this system breakdown, is there anyone who will take this ground breaking malprctice case?
Common
Look, I'm sorry for your situation, but you do not have a "ground breaking" case. You have a case that is going to be long and expensive (and I'm guessing you don't want to pay by the hour), and recovery is iffy at best.
The problem in any malpractice case is that the standard of care is "what would a reasonable doctor do?" You say that the "entire medical field" collapsed around you. Apparently you were seen by numerous doctors, right? If none of them caught what was wrong with you, then you have one heck of an uphill battle to prove they failed to live up to that standard of care. If your problems were so obvious, then at least one of them would have caught it.
I'm sorry, but I don't think I'd take this case either. I don't think you'd win without some major expert witness testimony that was clearly in your favor (which you'll need anyway).
Killer Queen
You may need to change your expectations to medical negligence. Then keep going to the free consultations with all of your info. If I were you, I would just leave out the mental illness part. Not hide it, but don't make it part of your case. If you are suing for one thing, you don't have to include all of your history unless the other side requests it. In that case, you need a letter from your doctor stating that you have full thought process capabilites.
Then you have to show reason or how this negligence harmed you. If it was only that they didn't diagnosis you, you're out of luck. If it caused your condition to progress, you might have a case.
I suggest contacting a reputable lawyer like Bernie Eicholz, who has won the most cases in the US. Someone with a lot of experience. Newer lawyers aren't going to want the small cases.
And if you do get someone to take it, most likely they will just settle out of court.
RK
Unfortunately, "mere" incompetence in the form of failure to diagnose a condition is not considered medical malpractice under the law. They have to harm you by active misintervention before anyone will take the case. You might be able to qualify for disability, though. And in the meantime, you might want to keep searching for a doctor who practices nutritional therapy and alternative medicine to bring you back to full health. I wish you well.
tiggsy
I doubt it. But by taking your health into your own hands, you have already won.
Don't spoil the new life you've created for yourself by focusing on wrongs done in the past, instead focus on what you have now, and what you can do now.
Your life sounds as if it is at least 50% better than it was. Don't waste that - enjoy it.
Orignal From: Can someone help me with malpractice legal advice?
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