Misread Mri

[Boice]

My wife had an MRI read and it said she had 3 tears in her knee the surgeon told her she had to have surgery. Without sitting down with her and myself covering what the surgery entailed, or even giving her time to think about it and get a second opinion. Needless to say she had knee arthroscopy done and there was nothing wrong. Should I talk to an attorney? This was a waste of time and it has caused an unbelievable amount of stress.

[Kade]

Ron,

It certainly could not hurt to speak with an attorney.  It is unlikely an attorney would take the case due to the limited nature of damages since it would cost more to litigate the case than the probable recovery is worth.  An attorney would have to hire an expert or experts and it would cost $25,000 to $50,000 for the least expensive malpractice case.  Since your wife did not thankfully have a permanent injury, her potential recovery is limited.

I do not mean to minimize the stress or lost time, however, I think it is unlikely a malpractice attorney would take the case.  Of course, different attorneys have varied criteria so I suggest you attempt to speak to some malpractice attorneys in your area.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.