Can I sue an emergency doctor for not telling me about test results found?

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Can I sue an emergency doctor for not telling me about test results found?

I went to the emergency room about 1 1/2 years ago and had a MRI done for a health issue I was having. Instead of finding what they were looking for they found 3 cysts; there was a hemorrhagic right ovarian cyst with debris, a left corpus luteum cyst, and scariest of them all a Tarlov cyst. I was never told about these cyst and was never told to follow up with a doctor pertaining to these results. I found these results on my own 6 months later when going through my medical records. Is that malpractice?

Asked on June 19, 2019 under Malpractice Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It may well be malpractice, since it would be unreasonably negligent (careless) for them to not disclose potentially dangerous cysts which they found. But whether it would be malpractice is only half the issue: the other half is did the malpractice harm you physically or cause you to incur otherwise necessary costs and, if it did, how severe where the injuries or physical harm, and how large were the costs? You can only recover compensation for actual harm or costs you suffered; if, as we hope, you were not significantly harmed and did not incur substantial costs, there is no point in taking legal action, since you would not receive compensation.


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