QUESTION
Do I have a medical malpractice case?
Asked on Feb 22nd, 2015 on Medical Malpractice - New Jersey
More details to this question:
I was n a car accident 3/8/14 over the next two weeks I saw a neurologist twice complaining of severe headaches and pressure in my head. Each time he told me I was fine. Upon my insistence he gave me a prescription for an MRI, for 4/21/14. I dropped the MRI disc at his office later that day. On 4/22/14 he called me and said I had some bleeding in my head and his best advice was I go to an ER (which was 2 hours away). Once at the hospital they took a scan and the surgeon arrived and told me I needed emergency surgery and that I would not survive the night without it. There was a significant amount of blood build up pushing my brain off it's axis. I required 4 emergency surgeries to stop the bleeding. I had stroke like symptoms and after nearly a year I am still not 100% and have some complications from surgery.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
at
John J. Ratkowitz
Update Your Profile
Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.
To know whether you have a case, an attorney will have to examine the medical records and submit them to an expert.
It sounds like you have reason to investigate a case. I assume that you were referred to a neurologist because there was some element trauma in the automobile accident. This, in combination with persistent headache arguably should have resulted in additional investigation into whether or not you sustained a subdural hematoma. Click here for more information about that condition. Given the fact that a month passed between the time that your symptoms began and the time the diagnosis was made (presumably while your condition deteriorated) other medical personnel may be implicated in a malpractice case. Again, an attorney would have to look at the records to evaluate that issue.
If you want to investigate a 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.
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.
Click here to review articles that I have published.
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 Feb 23rd, 2015 at 6:52 AM