Can I sue a U.S.A. Licensed Medical Doctor for Malpractice if he\she gives me wrong advice that hurts me. If?

by **zacchaeus21** » Mon Dec 12, 2011 4:48 pm

the advice wasn't in his/her area of specialty.

For example, if an Anesthesiologist give me wrong advice about which medicines I need to take for my medical problem.

by **donough** » Mon Dec 12, 2011 4:53 pm

The only person you can get bona fide advice from on this score is a lawyer. Only a lawyer in your state can determine if your cases rises to the level of med/mal.

One question that might be asked is, Why would you take advice from a guy whose specialty is not the area of specialty in which they are advising you? At the point a podiatrist is telling me that I needent take my heart pills, it is my responsibility as a patient to go back and see my cardiologist and tell him what the podiatrist said, or possibly even seek out a second opinion from another cardiologist to see why the podiatrist is advising me the way he is. (Perhaps with personal experience with that particular drug and knowledge of a better one.)

One might say, I am unsophisticated, and to me a doctor is a doctor is a doctor. But the flipside of that is, You were sophisticated enough to know that your heart needs a cardiologist and your foot needs a podiatrist. At this point I'm going to say, You should have known better than to take the podiatrist's advice.

In the meantime, in order for you to sue a doctor for malpractice, you must establish two things: One, that the care you received deviated from the standard of care, the standard of care being what another reasonable, prudent physician would do in same or similar circumstances. Two, you must establish that BECAUSE of this doctor's doing, you have suffered permanent, lasting injury. There are no med/mal lawsuits for "the principle of the thing."

by **camdin90** » Mon Dec 12, 2011 4:57 pm

The only person you can get bona fide advice from on this score is a lawyer. Only a lawyer in your state can determine if your cases rises to the level of med/mal.

One question that might be asked is, Why would you take advice from a guy whose specialty is not the area of specialty in which they are advising you? At the point a podiatrist is telling me that I needent take my heart pills, it is my responsibility as a patient to go back and see my cardiologist and tell him what the podiatrist said, or possibly even seek out a second opinion from another cardiologist to see why the podiatrist is advising me the way he is. (Perhaps with personal experience with that particular drug and knowledge of a better one.)

One might say, I am unsophisticated, and to me a doctor is a doctor is a doctor. But the flipside of that is, You were sophisticated enough to know that your heart needs a cardiologist and your foot needs a podiatrist. At this point I'm going to say, You should have known better than to take the podiatrist's advice.

In the meantime, in order for you to sue a doctor for malpractice, you must establish two things: One, that the care you received deviated from the standard of care, the standard of care being what another reasonable, prudent physician would do in same or similar circumstances. Two, you must establish that BECAUSE of this doctor's doing, you have suffered permanent, lasting injury. There are no med/mal lawsuits for "the principle of the thing."

No, its not malpractice. Thats would be equivalent to asking a veterinarian about GERD in humans. You obviously knew it was out of their field of practice, yet you still wanted their opinion.

by **wahchintonka48** » Mon Dec 12, 2011 5:10 pm

If you were harmed by the advice and you paid for that advice, in other words you weren't at a social gathering and just asked for this advice you may have a suit.

by **laureano97** » Mon Dec 12, 2011 5:14 pm

Why would you consult an anesthesiologist about a problem not related to anesthesia? We don't typically see patients in an office setting.

Sounds fishy to me...

by **blaisdell** » Mon Dec 12, 2011 5:22 pm

Sure! Go ahead and sue them!

by **wal49** » Mon Dec 12, 2011 5:31 pm

Sure! Go ahead and sue them!

Were you advised to shoot yourself? You should have listened...

by **boyce** » Mon Dec 12, 2011 5:32 pm

You Probably can

www.1800lawyers.com/

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