Riverside, CA asked in Medical Malpractice and Personal Injury for California

Q: Can I sue if I've been suffering due to a misdiagnoses

I'm currently diagnosed as schizoaffective. Ive been telling my psychiatrist for years that I believe the auditory hallucinations I've been having are real and that they're the voices of people I know, that they're following me around and somehow getting all the people I meet to join in and pretend to be a voice in my head by saying things from where I can't see them and lying about it when confronted. For years she's been telling me that that is a delusion but I recently discovered that auditory hallucinations are voices or noises not based in reality. Also I discovered hallucinations are not delusions. I've been suffering for years at the hands of stalkers slandering my name and she said I was being delusional rather than knowing that auditory hallucinations aren't voices of people you know. I know these people have definitely traumatized me. It's almost like she gaslighted me.

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV
  • Licensed in California

A: You might have a case. There are a number of particular issues in your fact situation that need to be analyzed by an experienced malpractice attorney. One issue is the statute of limitations. Another issue is the nature and extent of your harm in comparison to the others time and expense of a lawsuit. Finally, there is the question of determining Malpractice. 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.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: If you believe you have been misdiagnosed and suffered as a result, you may have grounds to pursue a medical malpractice claim against your psychiatrist. In California, medical malpractice occurs when a healthcare professional's actions deviate from the standard of care, resulting in harm to the patient. Misdiagnosis can be a form of medical malpractice if it leads to incorrect treatment or failure to provide appropriate care. It's important to gather evidence to support your claim, including medical records, documentation of your symptoms, and any communication with your psychiatrist regarding your concerns.

To succeed in a medical malpractice claim, you will need to demonstrate that your psychiatrist's actions fell below the standard of care expected in the medical community, and that this negligence directly caused your harm. This can be complex, as it often involves expert testimony to establish the standard of care and how it was breached in your case. Consulting with an experienced medical malpractice attorney can help you understand your legal options and determine the best course of action to seek compensation for your suffering and damages.

It's important to act promptly if you believe you have been the victim of medical malpractice, as there are time limits for filing a claim known as the statute of limitations. In California, the statute of limitations for medical malpractice cases is generally three years from the date of the injury or one year from the date the injury was discovered, whichever comes first. However, there are exceptions to this rule, so it's crucial to consult with an attorney as soon as possible to protect your rights and pursue justice for the harm you've endured.

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