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?

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Answered By: Law Offices of Andrew J Spinnell, LLC

Yes you have a medical malpractice case so consult an attorney who specializes in that area.

Answer Applies to: New York
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.

Answered By: Andrew T. Velonis, P.C.

The doctor diagnosed the cyst, found the cyst and removed the cyst. I don't see the problem.

Answer Applies to: New York
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.

Answered By: The McDonnell Law Firm, PLLC

Medical malpractice cases are tough. Doctors win 3 out of 4 times, even with the certificate of merit to sue. Doctors, like anyone, can make honest mistakes, whether in diagnosis or treatment, as long as it was within acceptable standards of treatment. If the doctor's actions were grossly outside the norms of acceptable medical treatment or negligence, you would have a good case. Consult a medical malpractice attorney who could advise you knowing all the details of this matter.

Answer Applies to: New York
Replied: 9/29/2011

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 Jared Altman

For a medical malpractice case to be worth pursuing there must be substantial permanent injuries. These kinds of cases are expensive and labor intensive. Only a severe injury warrants the costs, commitment and risk of loss that an attorney must assume. Although the paperwork was wrong, it sounds like they did everything right. So, there's no injury.

Answer Applies to: New York
Replied: 9/29/2011

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.