Q: Is it Medical Malpractice if a Neurologist can't diagnose spinal cord compression? 14 months from onset to dx.
We had to be referred to an outside (of our network) neurologist to get a diagnosis of spinal cord compression that required immediate surgery. Patient now has long term mobility issues and minimal chance for full recovery. Can the original Neurologist be held liable for medical malpractice for delay of diagnosis? If we know it will go to arbitration, can we submit an intent to sue in order to get them to make an offer?
A: Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Med Mal cases are very challenging and very costly to bring.
A lawyer can't tell over the phone without reviewing a second doctor's records, which need to set forth why it was Malpractice and, if it was, then determine the damages.
If you were not seriously injured, you would have difficulty finding a lawyer... in my opinion.
If your new doc didn't say it was Malpractice and be willing to testify to that, you have an uphill battle.
A: That is potentially medical malpractice. The radiology studies and medical records will need to be reviewed by an expert neurosurgeon/neurologist. Sending an Intent to Sue letter will not "force" anyone to give you a settlement offer. Your case is very likely to go to trial unless the evidence of negligence and damages is overwhelming.
If your original neurologist failed to diagnose your spinal cord compression in a timely manner, resulting in long term mobility issues and minimal chance for full recovery, you may have grounds for a medical malpractice claim.
Medical malpractice occurs when a healthcare professional breaches their duty of care to a patient, resulting in harm or injury. In your case, if you can demonstrate that the neurologist failed to meet the standard of care for diagnosing and treating spinal cord compression, and that this failure resulted in harm or injury, you may have a valid claim.
In terms of your second question, if you know that your case will go to arbitration, you can submit an intent to sue in order to get the other party to make an offer. An intent to sue is a formal notice of your intent to file a lawsuit, which can be used to negotiate a settlement or to persuade the other party to take the matter more seriously.
However, it's important to note that arbitration can be a complex and time-consuming process, and there are often strict rules and procedures that must be followed. Therefore, it's important to consult with a qualified attorney who specializes in medical malpractice and arbitration to ensure that your rights are protected and that you have the best chance of receiving the compensation you deserve. An attorney can help you gather the necessary evidence, navigate the arbitration process, and determine the best course of action.
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