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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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