Q: I want to take my primary care doctor to court for neglecting care and emotional distress.
My doctor told me I have a condition but didn't fully diagnose me she didn't offer any information on what she was saying she suspected I have, didn't offer further testing, treatment or even a follow up I feel like she neglected care with me and didn't handle this professionally I've been emotionally distressed so much to the point I've been crying everyday, losing my appetite and losing sleep over this because I'm so worried I had to go to another clinic to get the testing I needed, got properly diagnosed and am now on medication thanks to the other place I had to go through that also provided me information on how to move forward with this and how to take care of myself living with this.
A:
You appear to have grounds for a medical malpractice case based on your doctor's apparent failure to provide adequate care, diagnosis, and follow-up treatment. In California, you generally have one year from discovering the injury or three years from the date of injury to file a medical malpractice lawsuit.
Before filing a lawsuit, you'll need to gather all relevant medical records, including documentation from both healthcare providers, and notify the doctor at least 90 days before filing the suit - this is required by California law. You'll also want to document your emotional distress, including how it has affected your daily life, sleep, appetite, and mental wellbeing.
Given the complexity of medical malpractice cases, you should consider consulting with a medical malpractice attorney who can evaluate your case and guide you through the legal process. Many offer free initial consultations and work on contingency fees, meaning they only get paid if you win your case. They can help determine if your case meets California's legal standards for medical negligence and emotional distress damages.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.