Im in the process of collecting all of my medical records from various doctors over the past 4-5 years.Today, I picked up a file from one of those doctors and found some information that, to be blunt, pissed me the eff off.
There was a CT scan report from 07/07 showing a cyst in my sinus cavity. My doctor never informed me of this. For another 2.5 years I went back and forth to different specialists and doctors to find out why I was continuously getting sinus infections. (Which the doctor who ordered the original CT scan was aware of) I finally met an ENT who decided to basically perform a “blind” surgery. It was after that surgery I learned of my cyst, which at this point had grown to half the size of my sinus cavity.
If this was brought to my attention at the time it was originally found, it would have saved me a ton of time & money with all of the specialists visits & prescriptions. (not to mention the physical toll the meds took on my body)
To add to this, I have found numerous reports from different tests (that have not been repeated since then) showing enlarged lymph nodes, an enlarged liver and enlarged kidneys. Again, none of this was ever brought to my attention nor was I ever directed to see a specialist or take a follow up test. I still have many health problems that this information given earlier may have saved me a lot & help to provide a final diagnosis- and I wouldnt be sitting here freaking out now cuz I don’t have health insurance and can’t run to a doctor tomorrow.
I know malpractice suits are a pain in the a**, but if you were in my position would you sue the doctor?
Unless you can show objective evidence of suffering and significant disability directly related to a failure to diagnose, it’s unlikely to be a paying proposition for you. Those findings you describe are often assessed as a normal variant not relevant to the clinical situation noted at the time by the ordering physician.
I had explained to the doctor that I was getting anywhere from 8-10 severe sinus infections a year (ones where it was damn near impossible to get out of bed for at least 4 days). I was constantly absent from work and prescribed numerous medications that did nothing. I would think that my insurance/office visits/prescription records could show evidence of suffering.
That’s a start, but you’ll still have a challenging course ahead. Of course, the doctor’s insurer may just decide to settle, and make it go away, but if they decide to defend it, you may spend a few years in the process.
You could start by complaining to the physician, and see what happens.
I hope some of the lawyers/doctors (in addition to QtM) will weigh in, but if not “pain and suffering” I would think you could AT LEAST sue for the cost of the surgeries/treatment and any lost pay from work to undergo them since the time of the CT scan. That doesn’t seem unreasonable to me.
I was going to call them tomorrow to see wtf was going through their heads. It was even circled on the report.
I dont mind spending years in the process, if it will stop them from doing this to someone else. I wouldn’t wish half the crap Ive been through on my worst enemy.
I would at least see an attorney about this. Considering that lawyers usually take medical malpractice cases on a contingency fee, you’re likely to get good advice on whether you should bother suing or not.
This isn’t legal advice, but in New York the statute of limitations on medical malpractice is 2.5 years from the date of the injury, not from the date you discovered the injury. Your misdiagnosis from 2007 might not even be actionable.
Try going to an attorney anyway, you really don’t have much to lose.
Thanks for the responses. Im going to call the doctor today to get the rest of the records (they only gave me test results and not the actual office visit reports) and then find out why they never informed me of any of this stuff.
If they cant come up with any kind of reasonable explanation, Im calling a lawyer to see what my options are.
Great…I’m now in a battle with the doctors office because apparently they don’t give office visit notes to patients…I don’t see how they are allowed to deny me my complete medical records.
Under federal law, every patient or a designated representative has the right to see and copy the patient’s medical records. You may have to pay a copying fee but you are legally entitled after you pay it. Call and ask for the office manager directly.