What should I do?

UPDATED: Sep 30, 2022

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What should I do?

Apparently, I have had a pinched nerve in my neck for last last two years and my
doctor has just now telling me about this.

Asked on May 6, 2016 under Malpractice Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the doctor knew about the pinched nerve two years ago, but did not tell you, that is very likely malpractice: a doctor is required to commuicate his findings to his patients, and to recommend treatment commensurate with the conditions he discovered.
If the doctor should have discovered the pinched nerve previously (i.e. an reasonable doctor, based on your symptoms, an examination, test results, etc. would have figured that out), then that failure to determine what he should have may also be malpractice.
If he only recently discovered the pinched nerve and, based on your symptoms, test results, etc., that was reasonable (i.e. most doctors would have, on the evidence, concluded that the problem was something other than a pinched nerve), then he did not commit malpractice; malpractice is based on the doctor doing something wrong, or not being as careful/competent as the average doctor should be, not on simply being mistaken; the law recognizes that medicine is, in many ways, more an art than a science and that sometimes even the best doctors can't readily determine what is wrong.
Even if it is malpractice, however, a question remains as to whether it is worthwhile to take any action about it: malpractice cases can be very expensive, and since you can only recover compensation equivalent to the the amount of life impairment or disabity you suffer, plus the additional costs or loss income you experienced, in many cases, the malpractice is not worth enough to justify the cost of the lawsuit.
Many malpractice attorneys offer a free initial consultation to evaluate a case. If you believe that the doctor should have known or should have told you earlier, a good idea is to meet with such an attorney to explore what your case might be worth and how strong it is.

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.

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