Can a physician be sued for malpractice by losing an important medical report from a hospital?

[dodya]

In my case I had a sleep apnea test which showed I had moderate to severe sleep apnea. However, the physician to whom it was sent either lost it -- or simply forgot to ever call me about it. The only reason I discovered that I had apnea was because a nurse friend urged me to call the physician ANYWAY (I had assumed that since I never heard from the doctor the test was normal and there was no reason for him to call me.) So I called the doctor a long time after the original test -- 8 months after the original test.

I've since learned that waiting five months to treat severe apnea could well have damaged my body even more.

Do I have a malpractice suit?

[chansomps]

You would have to prove the damages to your body from being untreated. That is not easy to prove.

[ear]

I agree with Frank and Acidburn. Yes, you can pretty much sue anyone at anytime for anything. The real question is whether or not you have a case. You would have to PROVE demonstrable damages occurred causing you bodily harm. In your case I believe this would be difficult if not impossible. What you presuppose is a POTENTIAL for harm when it may or may not have occurred. Now, if you (in that 8 month period of time) had, say, fallen asleep while driving and hurt yourself or another, then you might have cause for action. My guess is that you would have to prove that the original report had been sent to the physician's office AND that the report was mishandled by the physician's office.

In any event, doesn't sound like you have much of a case to me

[crom]

No...you were apparently not too interested in the results if you never followed up with your doctor. You should have at least called and made an inquiry.

[claudius]

no

[herald]

I have to weigh in here. Both Go-Go and Steven are clueless. Steven claims that since he assumed the test was normal PAGANI was guilty of 'malpractice' rather than the doctor. Uh, I was under the impression that a layman, by definition, cannot be guilty of "medical malpractice"...duhhhh..

Steve also claims that "Even if you could PROVE that you were harmed because you were not treated sooner, you would have no case." Really? PROOF of bodily harm is THE basis for malpractice suits...duhhh again..

Go-Go girl also says medical negligence has no consequences if the PATIENT doesn't call to ask about test results. Apparently she is unaware that it is virtually universal practice for a doctor to call the patient whether the results as positive or negative. The reasons for this are obvious; most patients are terrified of what a medical test shows and therefore the legal and medical community recognizes that for that reason alone (thought there are others) it is the DOCTOR'S obligation to report a test result. Of course patient should aggressively pursue answers, but PAGANI's failure to do so does not protect him from considering a suit against this incredibly negligent doctor.Go-Go is precisely in the right profession.

Acid burn and are the only ones on the right track. Anyone thinking of a malpractice suit would have to prove damages.

[osmont]

You have no case. Even if you could PROVE that you were harmed because you were not treated sooner, you would have no case. As you stated, you ASSUMED the test was normal. That makes YOU guilty of malpractice, not the doctor.

Whoever told you waiting 5 months to treat sleep apnea could have caused more damage knows LESS about the condition than you did BEFORE you talked to them.

[tonibraxton]

'Frank' must be a very good name. Frank's answer is right on the spot. Both of the people he mentions are indeed cluless.

[gustav]

Medmal is not based on 'could have damaged my body even more' it is based on damages, at this point, what are your damages?

[gwen]

Contact a malpractice lawyer and ask them what your legal options are..