If a doctor failed to do any test/images, can I sue?
Question Details: I saw a doctor for my pain/spine issues. He provided treatment without ever ordering tests or images. I am now having 2 major neck and spine surgeries and I am bed-bound and have sustained permanent nerve damage and possibly paralysis due to the conditions that went undetected.
It depends on what he did was, at the time, given your symptoms, reasonable or not. A doctor is not required to run every possible test or scan. And a doctor is not at fault every time he or she is wrong. Rather, a doctor is at fault--commits malpractice--if he or she fails to do what a reasonable doctor should do under the circumstances. If you have reason to believe, such as from the doctors who treated you later, that the first doctor was careless--that he did not order tests or scans that a reasonable doctor should have in your case--then yes, that may very well be malpractice and you would be able to sue.