Q: Does delayed imaging, false congenital claims, impaired doctors, and ongoing harm strengthen my medical malpractice case
“From 2005 to 2013, I was treated for back pain with medication, but no imaging was conducted. In 2013, imaging revealed degenerative disc disease and spondylolisthesis, but my condition was misdiagnosed as congenital. This led to delayed treatment and a spinal fusion surgery that worsened my condition. I recently discovered evidence that the condition was acquired, not congenital, and that one of my doctors was impaired by alcohol and drugs, impacting their judgment and documentation. This combination of negligence caused ongoing harm, worsened my condition, and limited my ability to work. Does this strengthen my case for malpractice, particularly given the pattern of errors over time?”
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- California
- (916) 704-3009
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- Answered
A:
These multiple factors could significantly strengthen your medical malpractice case. The extended period without imaging despite persistent back pain, followed by delayed diagnosis and mischaracterization of your condition as congenital, suggests potential deviation from the standard of care.
The discovery that your treating physician was impaired by substances during your care is particularly serious, as this likely affected their medical judgment and decision-making capabilities. This impairment, combined with the documented pattern of delayed and incorrect treatment decisions, helps establish a clear link between the negligent care and your worsening condition.
Your case is further supported by the concrete evidence of harm - specifically, the deterioration of your condition after inappropriate surgery and your reduced ability to work. The timeline you've outlined, spanning from 2005 to the present, demonstrates both long-term negligence and ongoing consequences. However, given California's statute of limitations for medical malpractice claims, you should consult with a qualified attorney immediately to evaluate your specific situation and ensure timely filing of any potential claim.
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