QUESTION
Am I able to file a suit against a Family Nurse Practitioner who misdiagnosed me, and I ended up having to have surgery?
Asked on May 13th, 2013 on Medical Malpractice - Iowa
More details to this question:
I was misdiagnosed by a FNP who typed my symptoms into her laptop and told me I had Type B influenza. She did not do a flu swab. She told me she suspected I had an infection, but would not be able to give me an antibiotic until the results of the blood work came back. She took the blood on a Thursday, and said she would not have the results back until the following Monday. That Friday, I ended up in the ER with severe abdominal pain. I was admitted, and had emergency surgery that Saturday afternoon. I had diverticulitis, and lost 10 inches of infected colon. I now have a colostomy which is reversible. However, I had no health insurance and am now almost $80,000 in debt with medical bills. My kidneys and respiratory systems were shutting down, I ended up having dialysis twice, and spent 11 days in the hospital. I lost wages for the recovery time, and am now spending $140 a month on colostomy supplies. Do I have a case?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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I think you will have a hard time finding an attorney to take the case because a one-day delay in diagnosis probably would not have made a material difference in the outcome. That is to say, even if the nurse correctly diagnosed you with diverticulitis on Thursday, you would probably have had to have undergone the operation the next day anyway.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Click here for my website.
Answered on May 14th, 2013 at 2:29 PM