Submitted by MrsD on Mon, 05/04/2009 - 14:00
I think I know the answer to this, but I'll ask: My doctor told me there were two ways to treat my condition and recommend one that did not work and resulted in a lot of pain for me. Does MA law consider that negligence?
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Editor's Response
Putting aside all the other issues involved in that determination, the answer is probably no, IF the doctor was merely exercising her medical judgment by choosing between two generally accepted treatments. The doctor might be found negligent if she used an unproven, unaccepted method of treatment or if she made her recommendation without performing necessary diagnostic tests. However, what I am offering is a guess, based on very limited information. It is always best to talk to an attorney who specializes in medical malpractice cases. Good luck, and please tell your friends about The Forum.