What legal steps can I take against a doctor who has misdiagnosed me?
June 9, 2024 | 55,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
I am reaching out to you with an urgent question as I find myself in a very difficult situation. Several weeks ago, I went to my primary care physician due to severe abdominal pain. After an initial examination, he diagnosed me with a stomach ulcer and prescribed me appropriate medication. However, despite the treatment, my symptoms did not improve and in fact, they got worse.
Unable to accept my condition, I sought a second opinion from another doctor. This physician conducted further tests and determined that I actually have gastritis, and the medications for the stomach ulcer had aggravated my symptoms.
This incident has left me feeling very uncertain and upset, as I suffered unnecessarily and even jeopardized my health. Now, I am wondering what legal actions I can take against my initial doctor. I feel mistreated and want to ensure that he is held accountable for his misconduct.
Could you please provide me with information on what legal options I have in such a case? Is there a possibility for compensation for the incorrect diagnosis and treatment? How can I best proceed to protect my rights and receive appropriate compensation?
I appreciate your assistance and support in advance.
Sincerely,
Simon Bacigalupo
Dear Mr. Bacigalupo,
Thank you for your inquiry and your trust in my expertise as a medical law attorney. I am sorry to hear that you had to experience unnecessary suffering due to the incorrect diagnosis and treatment by your first doctor. It is understandable that you feel uncertain and upset and are now seeking legal steps to address the doctor's misconduct.
In such a case, you can generally claim damages. The doctor has a duty of care, according to which he is required to treat his patients conscientiously and according to the current medical standard. If he breaches this duty and as a result harm occurs, the patient can claim damages.
In the specific case, the doctor may have violated the duty of care if he made a wrong diagnosis and prescribed incorrect medications accordingly. Through this mistreatment, you suffered unnecessarily and your health was even endangered. This could be classified as a serious medical error that could warrant claims for damages.
To protect your rights and receive appropriate compensation, I recommend that you first gather all relevant documents related to your treatment by the first doctor. These may include medical reports, diagnoses, treatment plans, invoices, and possibly also witness statements or expert opinions from other doctors.
Then, you should consult with a specialized medical law attorney who can assist you in legally enforcing your claims. The attorney can assess whether a serious medical error has occurred and what damages you can claim. They can also assist in communication with the doctor and potentially in enforcing your claims in court.
I hope that my explanations are helpful to you and I am available for any further questions. I wish you success in asserting your rights and hope that you will soon receive appropriate compensation.
Sincerely,
Thomas Eiserfelder
Attorney specializing in medical law
