What are my legal options if I was misdiagnosed with HSV II due to negligence by a Doctor?
2 attorney answers
Sorry to hear what you've gone through. Although the doctor arguably misdiagnosed you with HSV II, such a diagnosis can be made by physical appearance and does not necessarily require blood work (although it is the only way to definitively diagnose it). Regardless, given the expense of most malpractice lawsuits, whether you have a viable case will depend on whether you sustained a permanent psychological injury as a result of the alleged malpractice as opposed to temporary anxiety. If this is a matter you wish to pursue, get copies of your medical records, including laboratory reports, and speak with an experienced malpractice attorney. You can find one using the Find a Lawyer tab on the AVVO homepage.
Sorry for your bad experience, but a mis-diagnosis does not necessarily mean malpractice. Not every error = a lawsuit. For starters, you haven't told us what the correct diagnosis was. Something made you sick enough to be hospitalized, but you left that detail out. That is not to downplay what you experienced, but the element of negligence is not nearly as obvious as you may think. I expect that with some effort, you may find an attorney who shares your sense of indignation, but without more facts demonstrating negligence and why HSV was wildly off from the so-far undisclosed correct diagnosis, it is unlikely that a serious player in the malpractice business will take this on. Good luck!
Advice given on Avvo is general in nature, and does not constitute an attorney/client relations. Mark R. Bower is a malpractice attorney with 50+ years' experience, a former Court TV Commentator, and is the past Co-Chair of the Medical Negligence Info. Exchange Group of the American Association for Justice, and Board-Certified in Medical Professional Liability by the Amer. Bd. of Prof. Liability Attorneys.
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