could you sue a doctor for...?

If you went to the doctor regarding a lump on your arm and leg and he does a blood test only and says eveything is fine, and then you go to another doctor for a second opinion and he does a biopsy it turns out that it is cancerous. Can you sue the first doctor for malpractice? Is he really in the wrong because he didn't do everything he should have?

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  • 1 decade ago
    Favorite Answer

    It honestly depends on a great many factors.

    I suggest you collect your evidence (medical records) and consult an attorney.

    States have different laws dealing with this particular subject.

  • Faye H
    Lv 6
    1 decade ago

    What is your injury?

    To sue for malpractice, you would have had to have been injured in some way by the first doctor. Since the second doctor found the cancer and I presume treated it, all the first doctor cost you was an additional week or two before you went to the second doctor.

    Malpractice is when a doctor is negligent or makes an error, like cutting your liver out when you went in for an appendectomy and causes you some sort of injury because of his error.

    As near as I can tell, you suffered no additional injury from him not finding the cancer.

  • 1 decade ago

    a I'm sorry to see you have cancer.I hope you are going to be OK..You did the right thing getting a second opinion.They could both be right tho because while they have proved to be cancerous the cancer could be benign therefore not a great threat.Its possible the first doctor could tell with the blood test what kind they where.Theres not enough information about the size of the lumps or what kind of cancer.they are.I would have a bit of a talk with Dr.2 and see if he can tell you why the blood test didn't reveal the cancer.As for suing , I suppose you can.why not ?Seems you had so little faith in the first doctor in the first place.But wait,you need to mention weather the first doctor is young and still inexperienced,or middle-age or old and should know everything.and what about his/her reputation?good or bad? tThink about all these things and then you will know what to do. Good luck.

    Source(s): I've been around doctors all my life,mostly Australian ones and they have all been top notch docs.
  • don n
    Lv 6
    1 decade ago

    It depends upon the severity of the condition that the lump on your arm and leg caused and how long did you wait to go for a second opinion. Is doing something about them at this time going to require major surgery or just a minor removal and a band aid. When you plan to sue a doctor you almost have to have another doctor who is aware of the whole problem and is willing to testify that the first doctor was negligent. It is very rare a doctor is willing to do this.

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  • gldjns
    Lv 7
    1 decade ago

    I think you would have grounds for a malpractice suit, but let me warn you that it's not easy to sue a doctor. I've had friends who have tried it, went to court for years, and never got any satisfaction. I think if I were you, I'd concentrate on getting the proper treatment now, and getting well. It's always a good idea to get a second opinion whenever you're in doubt or unsatisfied with a first diagnosis, but in matters of lawsuit, you'll find that doctors usually stick together. Doctors don't generally criticize one another, so it's usually hard to prove allegations of malpractice. Put your energies toward curing your cancer. Good luck and God bless.

  • Anonymous
    1 decade ago

    You can do anything you want. It is always wise to get a second opinion anyway for a serious illness that my cause death. If you have money to spend and time on that or getting well. Doctors have insurance and read the forms you sign now. Also you can get free counsel too. Doctors do not always know what is wrong with you. You have to tell them everything and might have to suggest they to further test. Get Well Soon. God bless u

  • 1 decade ago

    how do u know the first doctor was wrong?

    i think u should do some more research before sueing a doctor. because for example, the place where he got the sample from, where the cancerous cells began to appear, etc, things like that could be biased. u will also need suficient evidence.

  • Anonymous
    1 decade ago

    Without a doubt he's wrong for not doing more. Did you tell him you were very worried as to what the lumps were? If so and he didn't do much to find out more, then he is reliable. What a jerk. I hope everything works out for you or whomever has these horrible cancerous lumps.

  • 1 decade ago

    Today you can sue anyone for almost any reason so yes you can sue, but that doesn't mean you'll win. Odds are he would settle though just to avoid a mess and a scar on his reputation.

    I don't recommend it though, it's all the law suits that have caused all health care cost to increase to an almost unfordable rate for some.

  • 1 decade ago

    Not a good enough reason.... Sometimes you have to see a specialist before a diagnosis can be made...Medicine is not an exact science... Remember to always ask your Dr. to do further testing if you have concern. Most Drs. will be willing to abide with their patients wishes within reason of course....

  • Anonymous
    1 decade ago

    Only if what he did caused you permanent harm, deformity or death. If catching it after a second opinion cost you any time in years of life or made the cancer more difficult to treat then yes.

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