Lakeville, MN asked in Health Care Law and Medical Malpractice for Minnesota

Q: Can I pursue a case against a doctor for misdiagnosis, if said misdiagnosis has caused chronic pain lasting for years?

I went to the doctor for a bug bite, but I was also getting migraines, muscle and joint pain, and fatigue. This doctor analysed all of those symptoms separately instead of all together. I took the antibiotics she prescribed, but only got worse until my skin started getting splotchy red spots that appeared randomly hourly. Went to the ER, they took one look at me and said it was Late Stage Lyme Disease and that the PCP I went to should have caught it, and they ran tests to double check. They treated me which took care of the physical symptoms, but the permanent damage was already done to my joints, making it difficult to complete tasks at work and medical bills for doctor, er, and chiropractor visits.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: It's possible you could, but keep in mind that the assertion of the ER staff that the primary care physician should have caught it is not irrefutable evidence that creates an airtight case. It also appears that there is considerable passage of time, which is something that attorneys defending such a case would likely try to exploit if the matter went to trial. As a first step, you could contact a Minnesota med mal attorney. Many offer free initial consults, and would likely request the entire medical file to review with a physician if they felt there was a viable case they could pursue. Good luck

Tim Akpinar

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.