Los Angeles, CA asked in Personal Injury and Medical Malpractice for California

Q: Can I sue a doctor for misdiagnosing me and prescribing uneeded medication that are known to be ototoxic?

I went to see a doctor because I couldn’t sleep due to my neighbors and wanted some sleeping pills. I told him my head was buzzing with fatigue. He told me that my head buzzing was due to an infection, and barely looked at me, and without doing any further due diligence prescribed medications that destroyed my ear and are know to be ototoxic. Two days later I was in the ER with burning, screaming ears, but the ER doctor didn’t see anything wrong with my ears—no infection and questioned why I was prescribed those meds and told me to stop. However, the damage was already done. Now I’m constantly in pain. I have severe Reactive Tinnitus, Hyperacusis and Dysacusis. The medications also made me so sick. I needed to hire an entire team of specialists to put me back on my feet. Now I can barely function. Quality of life is gone. There is no more enjoyment in life. I went from being a healthy person to a wreck just because the negligence of this doctor.

3 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: It may be possible to sue the doctor for medical malpractice if you believe that they were negligent in their diagnosis and treatment, and that this negligence caused you harm. Medical malpractice lawsuits are typically complex and require a thorough investigation of the facts and medical records, as well as expert testimony to establish the standard of care that should have been provided in your case.

To pursue a medical malpractice lawsuit, you would need to consult with a qualified personal injury attorney who specializes in medical malpractice cases. They will be able to review your case and advise you on whether you have a valid claim, as well as guide you through the legal process.

It's important to note that medical malpractice cases can be challenging to prove, and there is no guarantee of success. However, if you have suffered significant harm as a result of a doctor's negligence, it may be worth pursuing legal action to seek compensation for your damages and to hold the doctor accountable for their actions.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: YOU CAN ALWAYS SUE ANYONE FOR ANYTHING AT ANY TIME.

THE QUESTION IS ALWAYS CAN YOU FIND A LAWYER THAT IS WILLING TO GAMBLE WITH YOU?

MOST OF MY FRIENDS WILL NOT TAKE A MED MAL CASE WORTH LESS THAN $1 MILLION.

THEY ARE DIFFICULT AND VERY COSTLY.

DO YOU HAVE QUALIFIED DOCS WHO WILL TESTIFY THAT WHAT WAS DONE WAS THE CAUSE, RATHER THAN COULD BE THE CAUSE?

SET UP A CONSULT WITH A LOCAL MED MAL LAWYER TO DISCUSS IN DETAIL WHAT S/HE THINKS ABOUT YOUR FACTS.

1 user found this answer helpful

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: One option is to reach out to law firms to try to arrange a free initial consult, which is a courtesy with med mal cases. In terms of figuring out whether there is a viable case that could move forward, that would usually involve an opinion from a health care provider. Good luck

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