QUESTION

I had a routine endoscopy gone bad; do I have a malpractice case?

Asked on Apr 12th, 2013 on Medical Malpractice - Michigan
More details to this question:
In January 2013 (first week) I went for a routine colonoscopy. A small polyp was removed. The doctor did not think it was serious and did not worn me that there could be bleeding complications. Two days later, within an hour and half I lost half of the amount of blood in my body. I went to the emergency room and was quickly processed because my vitals were critical. I spent a week in the hospital, and the only thing done was an IV and no food for a few days, bed rest and observation. After, my stay in the hospital a became extremely anemic. I had to rest in bed and catch my breathe for an hour after taking a shower and had to break frequently to rest because of exhaustion. My hemoglobin count is up; but by Iron levels are very low even though I have had four iron IV treatments. I am in a lot of muscular pain -- don't know if low iron is causing it. It is now April 2013 and I am better, but still get very tired and need to rest frequently. I might still have bleeding issues.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Obviously the issue of whether you are still having bleeding issues is a medical one and you need to get an answer to that question immediately. The outcome of the resolution of that question will impact whether you have a viable malpractice case, because if your failure to bounce back is related to an ongoing problem, but that is correctable, then you probably do not have a financially viable case.  Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. Buy getting a second opinion and determining why you are still having issues, you will get to the bottom of what is going on medically, and this should give you a better understanding of whether you should be consulting a lawyer about a malpractice case. Then,  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  Skype: john_ratkowitz Click here for my website. 
Answered on Apr 12th, 2013 at 1:26 PM

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