Q: Can I sue a surgeon for misdiagnosis if I cancelled the surgery before he killed me?
I have a lump in my abdomen that appeared immediately after a hydrocelectomy. A seroma following such an operation is common. It usually goes away in 6 months. 14 years later, I still have a lump. I saw a surgeon because of possible prostate cancer. An MRI detected a large lesion. My insurance agreed to pay for an MRI of the lump, but the surgeon refused to order it and insisted it's only fatty tissue. My PCP refused to order the MRI because the surgeon said it's not necessary, even though the insurance approved it. I used an online telemetry service and paid for the MRI myself. As expected it shows a large seroma. If I had allowed the prostate surgery, the seroma would have broken and I probably would have died of sepsis. I'm 71 years old.
A: You were not harmed for what you indicate was a misdiagnosis. Because you suffered no damages, you cannot successfully sue. Advise your insurance of the situation and request that the carrier reimburse you for the MRI.
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