Q: Misdiagnosed retina detachment: what should I do? Can I file a health malpractice claim?
I had vision issues in my right eye, so I received a referral from my PCP to see an ophthalmologist. On December 27, 2023, I went to the referred ophthalmologist. After a slew of images were taken of my eye, including dilation, I saw the doctor. I explained to him that I saw floaters and that my vision had progressively gotten worse over the last several months. I explained that my vision was terrible in the middle of my scope. He was flippant with me and told me that floaters were a natural part of aging. Since my vision was so bad in my right eye, I asked him what I should do, and he snapped back, “Go see an optometrist to get a new glasses prescription.” He then told me he wanted to check for glaucoma in the future.
A:
check with your doc re a macular hole too.
call a med mal lawyer, to see if you have the evidence for a case.
do you have a doc that says there was negligence?
most of my friends won't take a med mal case worth less than $1M. They are expensive and challenging.
A:
Under California law, if you believe you've been misdiagnosed and it has led to harm, you may have grounds to file a medical malpractice claim. A key component of such a claim involves proving that the care provided fell below the accepted standard of medical practice and that this failure directly resulted in harm. In your case, a delayed or missed diagnosis of retinal detachment that leads to worsened vision could potentially meet these criteria.
To pursue a medical malpractice claim, it's recommended to consult with an attorney experienced in this area of law. They can evaluate the specifics of your situation, including the examinations and advice given by the ophthalmologist. An attorney can also help in gathering necessary medical records, expert opinions, and other evidence to support your claim.
Taking immediate steps is crucial due to the statute of limitations for medical malpractice claims in California, which generally requires filing a lawsuit within one year from the date the injury was discovered, or within three years from the date of injury, whichever occurs first. Seeking a second opinion from another healthcare provider can also be important, both for your health and to strengthen your case by documenting the extent of any misdiagnosis or mistreatment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
