QUESTION

Does my friend have a case? She was sent home from the ER 12 times, being told each time that nothing was wrong. Now she''s in CCU with severe ulcers.

Asked on Mar 22nd, 2012 on Medical Malpractice - Texas
More details to this question:
It all started about six months ago. My best friend went to the ER with severe abdominal pain, blood in her urine, and bloody stools. She was sent home and told she probably had a stomach bug. As she is uninsured, she returned to the ER many more times with the same symptoms, each time being told nothing was wrong with her. One one of these visits, she overheard the treating physician ask the nurse if she(my friend) had insurance. When the nurse responded that she did not, the doctor said " then discharge her". Now my friend is in the Critical Care Unit of said hospital. She had to have half of her stomach removed, as well as her spleen, part of her vagus nerve and a portion of her duodenum. This all could have been avoided had any of the ER doctors that had sent her home had performed an Upper GI. As an aside, she also found out that she had tested positive for Ecoli and Strep, and was not informed at the time of the visit. Does she have a case against the hospital and docs?
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1 ANSWER

I am sorry to hear about your friend and the problems she has experienced.  It is difficult to determine if there is a medical malpractice case against a hospital or doctor(s) without reviewing the medical records relating to her treatment.  Thus, I suggest that your friend (or her power of attorney, if she has one) start requesting medical records from the hospital and any other health care providers who have treated her relating to this.  She should be able to fill out a form from the hospital requesting all records from the first ER visit to present.  I understand that she is still receiving care in the hospital and those records can always be collected at another time. An attorney is going to want to review the records.  This is because a breach in the standard of care must be present in order to pursue a medical malpractice case.  Most state laws make it very difficult to sue a doctor, hospital or other health care provider.  Thus, I recommend she start seeking review of the medical records by local attorneys in her area.  I understand that your friend is still sick and in the CCU, however, there are time limitations on these types of actions and it is possible that your friend only has 2 years from the first ER visit in order to bring a lawsuit.  However, she may have longer.  A local attorney can help determine this more accurately.  Based on all of this, I would recommend she start of the process of gathering medical records and calling attorneys for consultations.  Some attorneys will probably allow for the records to be dropped off at their office and review them without requiring your friend to come in for a face-to-face meeting at first.  I hope this information helps.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. 
Answered on Apr 04th, 2012 at 12:01 PM

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