QUESTION

Can I sue the emergency room for neglect?

Asked on Mar 11th, 2013 on Medical Malpractice - Minnesota
More details to this question:
I went into the ER at 0530 Friday morning complaining of severe chest and back pain as well as not being able to breathe well. Was given an EKG and they listened to my lungs and told me that it was probably just inflammation caused by the recent cold that I had. They offered me a shot of tordal (ibuprofen) and told me to hang around for 20 minutes but in case they forget about me I could leave at 0700am. So I go home and I'm still in a lot of pain, I laid around until 1530 and then had to drive an hour up to a hotel for work this weekend. While at the hotel I experienced chest pains and spasms so bad that I had to call 911. Ambulance took me to the nearest hospital where I explained the situation they immediately did a chest X-ray which showed some abnormality so they then fit a CT scan and discovered I have a pulmonary embolism, or, blood clots on the lung which is deadly if it goes untreated. It seems to me as if the first ER I went to was very negligent. Thank you
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Your symptoms were consistent with a PE, but whether they should have diagnosed that problem probably depends on whether you have a history or presentation consistent with DVTs or a clotting disorder. Beyond this, if the delay in diagnosis did not result in permanent harm, there will be a question about whether the case is financially viable.  Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.  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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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 Mar 12th, 2013 at 10:33 AM

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