Do we have a personal injury case if there was a misdiagnosis?
My 16 year old went into surgery to have a cyst removed from her left ovaries, but when the doctor went in to remove the cyst it wasn’t on her left ovaries it was on the right ovaries. The right ovaries had actually had two cysts, one of which had burst. The doctor told me that she had to remove almost the entire ovary. All the papers that was signed was consent to remove a cyst from the left side. Is this at least misdiagnosis?
Chalat Hatten & Koupal PC
| Linda Chalat
Denver, CO
Denver, CO
A misdiagnosis is not always indicative of malpractice. A medical expert would need to review your daughter's medical records to determine if negligent care was provided. But even if you were to establish negligence, I do not believe you would have any injury for which to seek compensation - you would have to argue that you would not have given consent to have the procedure performed on the right ovary which is not a credible position.
Answer Applies to: Colorado
Replied: 10/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/3/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Mark P. Miller
You need to speak to an attorney who handles medical malpractice and/or file a complaint with the State Board of Medical Examiners.
Answer Applies to: Colorado
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Richard Copeland, LLC
I can't tell if this was a misdiagnosis or inaccurate documentation. The important point, however, is that while the paperwork may have been wrong, what was done sounds like it was needed, which will give the doctor a very good defense.
Answer Applies to: Colorado
Replied: 9/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 9/30/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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