What to do if a misdiagnosis resulted in my losing 25% of my hearing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if a misdiagnosis resulted in my losing 25% of my hearing?
I saw a doctor at a clinic for severe ear pain and some hearing loss after an allergy attack. He prescribed steroids, nasal spray and ear drops for pain. After a week I was much worse and saw a specialist, who said my ears were severely infected and prescribed a strong antibiotic. Long story short, I have lost about 25% of my hearing. Is there a case in this?
Asked on December 12, 2012 under Malpractice Law, Texas
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
You probably do not have a meritorious medical malpractice case. Even if you have a case, it is probably not a good idea to pursue it. Let me explain.
Proof of malpractice requires several steps. The first is to prove that the clinic doctor should have known you had an infection on the first visit. That may or may not be easy given your history of allergies. You may not have had an infection at all on the clinic visit. Steroids inhibit the response of our natural immune system, so you may have developed the infection later. Bottom line - it seems to me that negligence is not entirely clear. Proving negligence requires expert testimony.
The next step is to identify the cause of the hearing loss. You assume the infection caused your hearing loss, but that may not be true. In addition, your hearing may well improve over time. Proving the cause of the loss requires expert testimony.
Proving all of these items costs money. You also have to pay your attorney. In the end, you may recover less than you spend. This is why I question the wisdom of pursing a case. Having said that, medical malpractice lawyers do not charge for consultations. It will cost you nothing to call several attorneys and see if they have a different opinion.
I hope this helps. Good luck.
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 AttorneyPages.com 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.