can i sue for medical malpractice?

Posted by 70sfamily | 2:00:00 PM


i had a lung doctor that i was unhappy with. i first saw him last march for a bad chronic cough, which i thought was asthma. when i saw him in march he said come back in june. well i saw him march and he gave me 2 scripts and then one time i called him and asked for an inhaler and he sent me in an inhaler and never told me how to use it so i did not know how to use it when i got it. then i called him and told him and told him that the med he gave me did not work and he said ok i will send u in another script for another med and still did not want to see me until june. which made me a little mad. when i saw him in march he did a peak flow Reading on me and it was 370 and he never told me weather that was good or not and also never told me what it should be. then when i saw him in june, i gave him my asthma journal and he took it but did not even open it let alone read it/ which made me mad and then at that point he did another peak flow on me and it was only 270 and he let me walk out of his office with that low of a peak flow reading. and at that point he said it was reflux not asthma and to stop all asthma meds. then he said come back in 6 months. well from last march until now i had like what i say are close to 40 asthma attacks. so from june until my next appointment i kept having attacks and took my inhaler when needed. so i saw my doctor again i believe in jan of this year again and he said ok u have reflux adn i do not need to see u again. so as of right now i have no lung doctor and am still believing i have asthma. i get shortness of breath and breathe fast when i exercise and my lung doctor says it is reflux. i could have been in the hospital 3 times because of my asthma but never went.

so can i sue my lung doctor on the grounds that he kept giving me meds without seeing, that he ne ver even looked at my asthma journal and that he let me walk out of his office with a low peak flow reading?
forgot to mention peak flow for my age and stuff should be 455 but my normal peak flow is between 370-400. and i would have gotten another lung doctor but i am on medical assistance and it is hard to find one when ur on medical assistance.

Michael H
1) No you cannot sue him for prescribing a medication over the phone, MANY doctors do that.

2) No you cannot sue him for not reading your asthma journal

3) Peak flow vary from age sex and weight. 270 for you may be fine.

4) If you were that unhappy with the pulmonary Specialist, why did you not go find another one long before, or in the midst of your 40 other asthma attacks? In order to sue, you have to have damages, what are your damages? Would've and could've are not damages.

Lori
How were you actually harmed by this doctor's actions, or lack therof? "Could have been" harmed does not count in a successful malpractice action.

Find a new doctor, and if you continue to have problems, MAKE AN APPOINTMENT, and discuss it with the doctor. Don't rely on phone calls and messages.

Kathi S
No because you have never been diagnosed with asthma by anyone other than yourself. If you were not happy with his diagnosis you were free to see someone else. Peak flow norms are done by height,weight and gender not just age so the whole peak flow reasoning is crazy and anything above 75% of expected is normal. See another doctor and get a real diagnosis.

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