QUESTION

Admitted into hospitall via ER. Discharged 4 days later w/ no prognosis or diagnosis other than back pain. Standard of care may have been dropped.

Asked on Mar 27th, 2012 on Medical Malpractice - New York
More details to this question:
Readmitted into same hospital via 911 for simillar number of days and was to set to be discharged before physical examination to see if I could ambulate was performed. Challenged my discharge w/ blue cross and while denied when I explained the order of events the MD said standard of care appeared lacking. Went to out of network spine specialist and he was not surprized at all by my experience with hospitalists MD staff and a neurosurgeons indifference towards a 2nd opinion. How do you establish a breach of care standards?
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1 ANSWER

Typically, in order to establish a breach of the standard of care you must get an expert witnesses to testify that there was a breach in the standard of care.  An expert witnesses is usually  another doctor in the same field of work.  Malpractice cases are very difficult and I would recommend looking into hiring an attorney. An attorney has worked with expert witnesses before and knows the state law requirements of bringing a malpractice suit and how to prove a breach in the standard of care.  Start calling local attorneys in your area who handle medical malpractice/negligence suits and ask for a consultation -- most are free.  Prior to that, if possible, gather all your medical records from both the hospital and the specialist and any other health care providers related to this. The attorney will want to look at your records. A lot of malpractice cases depend on what the records indicate.  These cases are very complicated, difficult to prove and time consuming which is why I recommend you try and get a consultation with an attorney who can review your records and give  you more information based on your specific situation.  I hope this information helps. Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. 
Answered on Mar 27th, 2012 at 4:32 PM

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