QUESTION
Do I have a case? And do I need a lawyer in the area where the incident happened?
Asked on Jul 12th, 2012 on Medical Malpractice - Maryland
More details to this question:
I had a tonsillectomy and my throat hemorrhaged this past December 2011. I was at my college in PA, but have graduated and moved back down to MD. To make a long story short, the doctor was wonderful, but the "care" I received in the hospital was terrible. In short, as I was bleeding to death from arterial hemorrhaging, I was initially denied acceptance into the ER. It wasn''t until my friend notified my doctor that I was bleeding profusely that he took one look at me and said, "OR STAT!", to which the nurses just patted me on the back and said, "Poor girl..." as I was filling up bag after bag of blood. I was starved for three days because they "forgot to give me a menu" (all I had was water and a couple popsicles). I laid in the hospital a couple days before given blood (I had lost literally half my blood) in which at that time they realized my IV was leaking, thus I wasn''t getting the morphine. I was also refused morphine repeatedly, which the doctor said hourly if needed.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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If the hemorrhaging was not the result of negligence, I do not think you have an economically viable malpractice claim for the substandard care, because you recovered from all these problems. You would need to contact an attorney in PA to investigate a case.
Reasonable minds may differ in the analysis of whether you have a malpractice case. You might consider contacting a local medical malpractice attorney (one in PA). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.
Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This addresses the issue of financial viability, which I think is a problem for you.
Click here for an article that explains what you can expect when filing a medical malpractice case.
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 Jul 13th, 2012 at 10:20 AM