Misdiagnosed-legal Recourse?

[debmidge]

RE: Legal action

Dear Had:

If you are in the US the only way to find out is to have appt with a Personal Injury attorney and he/she will be able to assess the situation and tell you if he/she thinks you have a compensatable case. You will need to pay up front for "expert witness" testimony (doctors who are paid to give medical testimony at lawsuits). The fees could range from $3000 to $5000 for the expert witness. If the attorney feels that after paying for the witness and after the attorney's cut, there's really nothing left, the attorney will tell you so. The attorney is not going to take the case if there's a thin margin of $uccess in it for him or for you.

Going to the attorney is not going to set off any warnings to the doctors involved. The first visit is only to find out your options: no letters or suits are sent to the attorneys until your attorney has done his research and you have obtained the records you need. Again, if the attorney feels you have no case, he/she will tell you upfront and no doctor will ever know you've been to an attorney and the attorney ususally does not charge for this first visit as he will get payment when/if you win your case.

Had, I know how you feel. My husband did not want to get involved with a suit against his doctors as he was too tired, sick and weak. But the misdiagnosis took away the best years of his life and left him a shell of a person.