QUESTION
is it wise to file a malpractice suit against the health services center of the university you're attending?
Asked on Oct 12th, 2012 on Medical Malpractice - Massachusetts
More details to this question:
I was sick recently and was seen by University Health Services at UMass Amherst. They dismissed me as having a cold and gave me an inhaler even though I fought with them and said it was a sinus infection. I came back to them the next day, no better with a fever and sinus pain, to which they sent me packing with amoxicillin and said it'll get better, it didn't. i saw my allergist back home the following friday and they confirmed that it went from sinus infection to a severe case of bronchitis that had gone unchecked for over a week. Several days later, I start experiencing chest pain only to find out after a visit to the ER that I have pulled muscles in my chest and cracked a few ribs as a result of the coughing from the bronchitis that they didn't treat properly. i'd like to sue them on the grounds of misdiagnosis and missed time from both class which i'm paying an arm and leg for and work which I missed all weekend because of the illness
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Assuming you are correct that failure to place you on antibiotics was negligent, if they put you on antibiotics the day after your first visit, I don't think you are going to be able to demonstrate that the negligence caused your damages. Beyond that, a couple of fractured ribs few missed classes and a couple of days out of work do not add up to 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.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
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 Oct 12th, 2012 at 1:46 PM