QUESTION
Do I have a medical Malpractice case?
Asked on Jul 16th, 2015 on Medical Malpractice - New Jersey
More details to this question:
Long story short I had been having severe headaches and dizziness with vomiting. I had gone to my family dr. who in turn sent me to the ER. they ran a battery of tests and basically told me I had high blood pressure. After several more dr. appointments and a trip to urgent care I was put on meds for vertigo. Still suffering now 7 weeks later I decide to read all the paperwork from my hospital discharge paperwork. I notice that they did a CT scan and there was a bunch of medical terms I didn't understand on it. After faxing it to doctors the next morning I found out that the CT scan showed I have a brain tumor.... The ER never told me nor notated anything about a brain tumor on my discharge papers. I have suffered for many weeks with a bran tumor without being told! I now have to see a neurosurgeon on Tuesday after the neurosurgeon reviewed the reports.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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The failure to advise you that diagnostic tests revealed a brain tumor was obviously negligence, the question in any medical malpractice case is whether earlier intervention would have resulted in a different outcome. You don't know the answer to that question right now, but you may have more inforrmaiton about this after you speak with the neurosurgeon next Tuesday. For now, focus on dealing with the medical issues that you are facing.
You have two years from the date of negligence (or two years from when you discovered that you were the victim of negligence) to file a lawsuit. The only caveat to that is that you have to file a notice of claim with the state within 90 days if the health care provider responsible was employed by a public entity at the time of the malpractice.
If you determine (or suspect) that the delay in addressing the tumor is going to cause you permanent harm, you should contact a medical malpractice lawyer. We take these cases on a contingency basis which means you only have to pay attorney’s fees if you succeed. Additionally, initial consultations are usually free.
Below are some articles you may find helpful.
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 for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case.
Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth.
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.
Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have. Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert. John Ratkowitz, Esq. 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 Jul 19th, 2015 at 9:26 AM