I recently switched medical clinics after my primary clinic refused to refer me for an echo test to listen to my heart. Heart disease runs in my family, so I wanted to get a second opinion. As I saw a new doctor at a new clinic, the subject shifted from my heart to my a lump in my stomach. This new doctor sent me off for an ultra sound. It came back that I have a cyst on my right overy. It appears to have been there for approximately 4 years. The cyst is 17cm and an estimated guess of 30-40 pounds. Every year I go in for my annual check up with my gynochologist who is a nurse practitioner. Every year the routine is the same. She examines me.. presses on my stomach, etc. Now, since this cyst is carrying about 30-40 pounds, it's hard to miss. I never had any symptoms so I would have never known if I had anything or not.
Well because this cyst is so large, I was compared to a 7 month pregnant woman. It is now pushing on my organs and because of that urine is going into my right kidney. I will not know until tomorrow after lab results if it is causing damage or not.
Because I went to the same nurse practitioner for my annual exam, can I sue for for malpractice for the past 4 years that she didn't catch it?
sabercat700
Medical Malpractice
When illness or injury forces you to see a physician or go to the hospital, you can generally be assured that a medical professional's years of experience and training will result in excellent treatment. But in truth, medical care providers are only human, and errors are always possible. Medical Malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient.
Negligence by a medical professional can include an error in diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a legal case for medical malpractice can arise against:
The doctor, if his or her actions deviated from generally accepted standards of practice;
The hospital for improper care or inadequate training, such as problems with medications or sanitation;
Local, state or federal agencies that operate hospital facilities.
Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as a result of negligence. However, malpractice suits are often complex and costly to win. Therefore, if you believe you have a medical malpractice claim, it is important to consult with an attorney who will discuss your case with you, and help you determine your best options.
Medical malpractice is a broad category that encompasses any injury occurring to a patient because a doctor, nurse, psychologist or other medical professional failed to perform his or her duties according to acceptable medical practices or standards of care. Medical malpractice cases may be brought against hospitals, clinics or anyone with whom there is a medical provider-patient relationship.
Demitri Reynolds
Yes. Medical malpractice is defined as professional negligence by "act or omission" by a medical professional. Her failing to catch the cyst is an act of omission. Medical malpractice includes many more people than just doctors.
Here is an article on nurses and medical malpractice that may help: http://www.medicalmistakes.com/articles/nurses-and-medical-malpractice.aspx
Orignal From: Tips: Can I sue a nurse practitioner for malpractice?
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