QUESTION
Can I sue my husband''s previous cardiologist for refusing to order tests to rule out the problem being his heart?
Asked on Aug 13th, 2012 on Medical Malpractice - Delaware
More details to this question:
My husband spent approximately 4 weeks in the hospital and eventually was put on the ventilator because his cardiologist refused to order tests to rule out the problem being his heart. The problem was his heart. Every other specialist did tests in their area. He finally had to go on a ventilator because his lungs filled completely with blood. As it turned out, if the cardiologist would have ordered 2 particular tests we would have known immediately what the problem was and it could have been corrected. As it turned out he almost died until another cardiologist stepped up to the plate and ordered the tests needed. My husband was so sick they told me if it was not determined what his problem was that he would die within 48 hours. This was 4 years ago and he has had many issues since.
1 ANSWER
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John J. Ratkowitz
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I think you are going to have a problem with the statute of limitations in Delaware. Beyond that, if the second cardiologist cured the issues caused by the first cardiologist's failure to act, then you probably do not have a financially viable case. Nevertheless, if you want to investigate this further, 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.
Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of the medical negligence for the case to be financially viable.
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 expect when filing a medical malpractice case.
Click here for more information about me. Click here for more information about my firm.
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 Web: www.starrgern.com.
Answered on Aug 13th, 2012 at 9:47 AM