QUESTION

Do I have a case for medical malpractice?

Asked on Oct 23rd, 2013 on Medical Malpractice - Indiana
More details to this question:
I've had the same primary care physician for at least 8 years who was treating me with a blood pressure/water pill combo for over 2 years. He did not check my potassium level and as a direct result I ended up being taken to the ER last month unable to even walk. I was dying when I got there (in renal failure) and was put in critical care for almost a week to get all the potassium put back into my body. The doctors told me that they had NEVER treated an individual with as low of potassium as mine that was still living. They had no instruments to even measure it. I have permanent damage to my kidneys (have to see a specialist now maybe for life) and a GI specialist. Their office contacted me right after I got out of the hospital and wanted the details (I think to see if I was at fault for any of it) and they have not contacted since. Do I have a case?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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It is well known that some diuretics can cause low potassium. Other diuretics do not. Assuming you were on a diuretics that can expose you to that problem, it is hard to understand why you were not monotired for that potential complication through ordinary blood tests. Sings of low potassium include bloating, constipation abdominal pain, fatigue, cramps and spasms in the muscles. Therefore, if you ever reported these symptoms to your doctor, the index of suspicion for a potassium deficiency should have been high.  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  Click here for my website.   
Answered on Oct 24th, 2013 at 10:35 AM

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