Sueing a Doctor in Puerto Plata

My commiserations, something similar happened to me a few years ago and I spent literally thousands of dollars on unnecessary tests and a trip to the UK to see a specialist - who immediately declared the diagnosis as false.

I didn't even bother going back to tell the doctor what I thought of him and his diagnosis. Speak to a lawyer if you like, but I think there is little point in pursuing it. Best to put it behind you, and to always remember that doctors like that are motivated by the money they can squeeze out of you, preying on your vulnerability as a concerned parent, so always take their 'diagnoses' with a pinch of salt.

Glad to hear your son is OK though. Best to focus on that.

I am glad to hear your son is fine! I agree with Chiri............ she is correct. There is no sense in persuing this.

But you may consider posting the doctors name so others can be wary!

In Dominican Republic:
Forget sueing
It cost you a lot of money and no results.

eralc777 said:

Hi,
Is it possible to sue a doctor in Puerto Plata for malpractice? In a nutshell, a paediatrician diagnosed my son with a condition. And after a second exam in UK it was found to be false. Im pretty upset that this doctor would say something like this that is so serious and then to be told he was wrong. I think thats absolutely dreadful and he shouldnt be allowed to practice medicine. He also had terrible bedside manners and an attitude problem.

So, is it a possiblility to sue? How long would it take?

Thanks

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As long as your son has NOT been harmed by selling unnecessary treatments, I think it is certainly not worth the while.
Besides, it is from what I hear and also once almost experienced, not uncommon practice for doctors, clinics and hospital to sell unnecessary injections etc... so, unless your case was really something spectacular... you will probably find yourself laughed out of the fiscal's (state attorney) office.
At the end, and after having put up a considerable sum of money and stood the risk to be milked even by your own attorney(s), you're chances of finding yourself sentenced to pay damages for slander to the quack are quite a bit higher than for you ever to see a single chelito
(dime) coming out of his pocket your way.

That again as in all these "legal" matters, only being my personal opinion, never legal advise.

... J-D.

even in the uk I end up telling the doctor what I think is wrong with me and he usually agrees ...isnt the internet a wonderful thing lol. was the diagnosis completely wrong or similar symptoms and was anything prescribed - where was the doctor working - should anyone be warned who he is - more questions than answers

yeah this is a hopeless cause, save the money and the aggravation

I would say that malpractice is not the same as misdiagnosis unless the diagnosis led to treatment that is harmful. Then you still have to prove that the misdiagnosis was malicious and not an honest mistake.

A doctor is more likely to be well-connected than you, which would also count against you in a legal wrangle.

You could consider the possibility of reporting the doctor to the CMD (:::: Colegio Medico Dominicano :::: Home ::::) the Dominican version of the BMA - they ought to have some sort of procedure or mechanism for complaints.

jrhartley said:

even in the uk I end up telling the doctor what I think is wrong with me and he usually agrees ...isnt the internet a wonderful thing lol. was the diagnosis completely wrong or similar symptoms and was anything prescribed - where was the doctor working - should anyone be warned who he is - more questions than answers

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"Doctor, I don't know when to capitalize and how to use punctuation. What can I do?"


"Get the the hell out of the UK and go bother someone else."


:cheeky:

i hate rules ....who says my punktuation is rong...lol ////!1!!

eralc777 said:

But he would of said it was normal, unless you looked at it back to front, then of course his organs would be reversed.

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emboldening mine.

Have I got this right eralc777? The Puerto Plata doctor (I won't mention his name for obvious reasons) looked at the xray the wrong way round???? :ermm:

It is absolutely possible for doctor's to make mistakes. They do their best with the information at hand which will lead them to a clinical judgement....which can be wrong! Relax and be thankful that your son is alive

eralc777 said:

Hi,
Is it possible to sue a doctor in Puerto Plata for malpractice? In a nutshell, a paediatrician diagnosed my son with a condition. And after a second exam in UK it was found to be false. Im pretty upset that this doctor would say something like this that is so serious and then to be told he was wrong. I think thats absolutely dreadful and he shouldnt be allowed to practice medicine. He also had terrible bedside manners and an attitude problem.

So, is it a possiblility to sue? How long would it take?

Thanks

Click to expand...

I do not disagree with you eralc that the facts are as detailed above but I might well disagree with the manner in which you placed them here & the 'Attitude' you seem to be presenting in trying to get someone barred from practicing medicine who you say gave a false diagnosis or mistreatment.

To be fair to both sides & hopefully prevent this going a legal route, would it not be a good idea for someone to ask 'the accused by internet' to visit this site & respond? Does anyone have a contact with the doctor? I have a few friends at Centro Medico & could get a message to him if eralc thinks this is a fair or good idea.

Spreading bad words on the Internet about a professional person is a dangerous business in most countries - HERE it can be seen as 'preparing for bankruptcy'! I give you two words to consider "DAMAGE CONTROL". Please take care with the way you phrase things so as not to make yourself liable for Court Action against you. ~ Grahame.

It is indeed possible to sue a doctor in the Dominican Republic. However, a wrong diagnosis in itself is not sufficient.

First, it must be shown that it resulted from not knowing or not following the standard of practice (lex artis) at the time and place where the patient was treated; for example, when the misdiagnosis is a consequence of the doctor not ordering certain tests standard for the symptoms shown by the patient.

Second, the misdiagnosis must have caused harm to the patient.

I know nothing of the legal aspects of this case. We should leave those aspects in the good hands of Senor Guzman.

The other, and perhaps more important issue, is the doctor's 'bed-side manner'. No one likes to be talked down to, or disregarded, particularly when they are advocating for a loved one. Many doctors have a knack for alienating clients. They have been trained to believe that they are in charge and have all the answers, and they expect others to simply receive their rarified pronouncements obsequiously.

I think that is the main issue here. The original poster had a very bad experience with what appears to be a very arrogant doctor. It might be better to forgo the law suit, and instead publicize the facts regarding the demeanor of the doctor, so that others can make their own decision about whether they wish to do business with this individual.

It is also a good idea to invite the doctor to join in this discussion, to ensure that his side of the story is heard.

I had a similar situation with a gastrointerologist here, however, he actually missed a diagnosis. After giving him all my symptoms (incredible pain and vomiting right after eating and extreme heartburn and back pain waking me up in the middle of the night) he did almost nothing to examine me and sent me for blood work (that cost about $4,000 pesos and for things that were not even relevant to my symptoms) and gave me pills to take for an "infection" that he didn't know what it was. After not getting well by taking the pills, I went to another Dr. and requested a abdominal sonogram (I thought I had some sort of intestinal problem or ameba) and found out that I needed surgery ASAP. I went home for the surgery and was so upset that this Dr. didn't take my case seriously and was more concerned with testing me for dengue, pregnancy (despite 3 negative tests) and God knows what then actually dealing with my symptoms and diagnosing me properly. By the way, I did not have dengue, I had a gallstone taking up almost my entire gallbladder and needed my gallbladder removed.

I agree with everyone here about not wasting your time and money on a lawsuit, especially when word of mouth works so much better. No one I know goes to that gastrointerologist anymore.

I'm glad that your son is okay and now I only go to Dr.'s here that come highly recommended by friends who use them themselves.

I will admit i am not familiar with the laws in the DR

However, i am very familiar with some of the medical laws in my country of origin

If someone has omitted to perform an action or committed an action which has lead to a patient being harmed, purposefully or NOT, and if it can be proven that the action(s) NOT performed might be NORMALLY performed by any other practitioner .... then negligence can be proven!!!! Im sure theres more to this, and im fairly certain laws similiar to this would be in operation in the DR........i could be wrong!!!!!!!!!!!!!!!!

It is dead wrong to ASSUME anything at all will be like your country of origin.

Learn how things work here.

Billyidol's comments are pertinent. That's more or less the same definition of negligence ("falta"") used under Dominican law.

Santiago? Santo Domingo? Superior Medical Care?

I've been living in POP for 12 years; when I or my Dominican significant other needs medical care, Santiago is our 1st choice.

* The general belief, to which I can personally attest, is that medical care is vastly superior in these 2 cities to normal medical care in smaller cities, etc. like POP.

* My suggestions: next time your son has a potentially serious problem, 1. ask your dentist [wherever her office] for his recomendation [very PC!]; 2. go to Coromina [Santiago] & begin your quest.

* Perhaps, free advice is worth exactly what it costs? [Adam Smith]