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.
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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.
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