QUESTION
Is it Malpratice if a DR. refuses to do a routine Urinalysis?
Asked on Aug 29th, 2012 on Medical Malpractice - California
More details to this question:
I had a UTI & was treated with antiobiotics, I was asked to redo the Urinalysis when I had completed the medication. I redid the Urinalysis two days after completing the medication on 7/27. I called my DR. on 8/6 asking for the lab results. I never received a call back, so I called again on my next day off 8/9 & requested to do the test again because I knew the UTI was back. Dr. asked me to come in to the office & retest there. Shortly after they said to come in I recieved a call stating on 7/29 they recieved the labs results & it was negitive. I advised that I was still having issues & they refused to retest & said they were going to refer me to a Urologist. I asked again could I please retest & it was declined again. The next day I became ill at work & was not able to work an additional day. By 8/13 I was very ill & ended up in the ER with a high fever. By 8/17 I was not better & went back to the ER where I was told I had a Kidney infection.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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I do not think you have a viable malpractice case. If the urinalysis came back negative but you were still having symptoms, it was probably within accepted standards of care to refer you for to a urologist. A course of antibiotics can result in a negative urine culture when you have bacterial infection, so I assume your doctor was foregoing the third urinalysis because he thought the antibiotics were creating false negatives. Beyond that, assuming the treatment for a Kidney infection resolves the issue, you will not have a financially viable claim even if they made a mistake.
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 addresses the issue of financial viability.
Click here for an article that explains what you can expect when filing a medical malpractice case.
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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 30th, 2012 at 5:33 PM