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.
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 30th, 2012 at 5:33 PM