QUESTION

Is it wrong for a doctor to diagnose me for something that is irrelevant to my symptoms, which in the end is life threatening?

Asked on Aug 28th, 2012 on Medical Malpractice - Minnesota
More details to this question:
Went to hospital ER after calling a nurse hotline complaining about leg pain. Nurse said go to ER because it sounds like a blood clot. ER doctor did not test for blood clot and instead sent me home with crutches and said I had a partial achilles rupture and took an xray which wouldn't reveal a clot, or a torn muscle. So after 4 or 5 days of intense pain in my calf, and a ortho surgeon finding out It wasn't a torn achilles and it turned out to be a blood clot, deep vein thrombosis. The clot broke loose and entered four sections of my lungs causing a pulmonary embolism. Now I have to take blood thinners for 6 months. I feel like this could have been prevented if the ER doctor listened to my concerns and did the appropriate test when I first went to the ER they could have treated it instead of it becoming a life threatening condition. I'm 30 years old, with a wife and child and I'm scared to die and leave them. I'm still at risk from it.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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It is hard to say whether the ER doctor breached accepted standards of care by failing to perform a Doppler study to investigate a blood clot. Calf pain can be caused by a variety of different things, and while a blood clot is one possible cause, your patient history may have suggested other causes were more likely. If you were off of your feet for a period of time, or you had recent surgery, then a blood clot would be higher in the differential diagnosis.  Another question is whether your case is financially viable. Being on Coumadin for six months is a headache, but if you have no after effects following this, you probably do not have a financially viable case. If you want to investigate a case further, 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.   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. 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 28th, 2012 at 9:48 AM

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