QUESTION

If I went to a hospital and was misdiagnosed, do I have a claim?

Asked on Aug 16th, 2012 on Medical Malpractice - Maryland
More details to this question:
I went to Kent General Hospital in Dover, DE Christmas Eve, because I was getting sick and having abdominal pains. The Dr took my urine, told me I had a urinary tract infection and that there was a stomach virus going around. He gave me meds and sent me on my way. Once I got back home to MD a few days later, they symptoms came back. I went to St. Agnes and it turned out I had a gallbladder stone and had to have it surgically removed. Now, I have hospital bills from Delaware and here in Maryland. Am I able to file a claim against Kent General, since they misdiagnosed me? I don''t feel as though they really tried to figure out what was going on.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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A misdiagnosis is not always medical malpractice, and this might be that kind of situation since your symptoms could have been caused by a UTI and virus or gallstones. Nevertheless, if you want to investigate a claim, 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.  I think another obstacle to pursuing a claim on your behalf is that the case is probably not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of the medical negligence for the case to be financially viable. 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 expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com. 
Answered on Aug 17th, 2012 at 2:13 PM

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