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?
AyerHoffman, LLP
| David C. Ayer
Woburn, MA
Woburn, MA
It may be a misdiagnosis, but it is only worth bring a claim against a doctor if there was a breach of the standard of medical care which resulted in harm to the patient. In this case, the diagnosis was reasonably correct and the doctor had sufficient consent from the left ovary to work on the right ovary instead. The extent of the excision may be an issue in itself, but that matter is beyond the scope of this forum.
Answer Applies to: Massachusetts
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: Massachusetts
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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