Is this grounds for a medical malpractice law suit?

Last January I went to see a doctor regarding unwanted weight loss and flu like symptoms. She set me up for a CT scan of my abdomen and a colonoscopy and gave me a prescription. Her office called about a week later saying the doctor wanted to see me ASAP so I went right in. She told me I had a tumor on my bladder that was about an inch in diameter and to prepare my life for radiation and chemotherapy and see a urologist immediately which I did. Both tests were negative. I returned to the same doctor and told her the prescription she had given me caused severe diarrhea,stomach pain and more weight loss and I didn't want to use it any longer. She argued with me in the same manner a two year old child might argue with their parents and insisted I take the medication three times a day everyday. I later learned the prescription she had given me was a laxative that goes by the brand name of Miralax. By this time my normal weight of 120 pounds had dropped to 98 pounds, none of my clothes fit and I was wearing adult diapers 24/7. I'm a retired woman without insurance so all these medical expenses were mostly out of pocket and it became necessary for me to purchase Medicaid which cost 35% of my retirement income which literally broke me. I'm still having stomach aches and loosing weight but have no money left to pay further medical costs. I picked up a copy of my medical records to see what this ding-dong doc had to say and found she had authored my records to say she prescribed two does a day rather than two. I'd been fortunate enough to have never experienced being sick before meeting this doctor. I'm at a loss as what to do next. Your answers are greatly appreciated.

Robert O2013-06-29T08:50:00Z

Favorite Answer

This is arguably malpractice -- wrong diagnosis. But you are unlikely to have enough money damages to make the case worthwhile for any attorney to take your cases. Pursuing a malpractice case would be a waste of your time.

You also said you had to purchase "Medicaid." Medicaid is a government program for low income persons. You can't purchase it. If you purchased some sort of medical insurance, perhaps it would help with your medical expenses. If you are retired, and over 65, you are presumably eligible for Medicare, which would also help with your medical expenses.

I suggest you find a source of information -- perhaps your county health department -- who could refer you to the assistance and services you need.

Anonymous2013-06-29T00:34:25Z

I am a pharmacist, so I can only answer this from a slightly different perspective. First of all, this is definitely not a malpractice case, as the doctor did exactly what she was trained to do.. Second, you would have known what medication you were taking and what it was for if you had accepted counseling from a pharmacist the first time you got the medication. It is your responsibility as a patient to be familiar with all of your medication. I understand your frustration, but the fact is that your doctor did what she thought was best and wouldn't doctor records for any reason. The pharmacy you got your prescription at has a copy of your prescription and the orders given by your physician. Also, you are not taking advantage of your other doctors that are free to advise: pharmacists. We are trained to know everything your physician knows, just from the chemistry side. We know about the drugs, interactions, pathologies, and many other important things to help heal you. Take advantage of it. Your health is your responsibility.

Christopher2013-06-29T00:39:47Z

can't you get a free consultation from lawyers these days?

I just typed "Free malpractice consultation" into yahoo or google and I got some results. Why not try that? It is free!

btw - I have had very few good experiences with doctors, I remember specialist telling me "Your General Practitioner had no business doing what she did 3 times!" and he was right. Solved everything in one go rather than being literally tortured and shamed by my General Practitioner many times.