QUESTION

Is this grounds for a malpractice lawsuit?

Asked on Oct 29th, 2013 on Medical Malpractice - Indiana
More details to this question:
Had an open appendectomy. Started having some issues after surgery. Informed the dr that something wasn't right had alot of pain and discomfort. He kept saying it was part of the healing process. After 3 visits to his office a CT was finally ordered. He said CT was clean. Ended up back in the ER 6 days late. The ER pulled up medical records along with the last CT ordered and they found that the CT had showed there was infection. I had to have emergency surgery because of infection. Stayed 5 days in the hospital. Came home with 2 drain tubes in my abdomen, along with a pic line and had to have home healthcare come to my house.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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If the earlier CT scan showed evidence of a post-op infection, then you may have a case against the radiologist or the surgeon. Since you are actively undergoing care, there will be a question about whether the case is financially viable. If a short course of antibiotics cures the problem, I probably would not prosecute the case, but financial viability is a judgment call and different lawyers have different standards about that. The articles linked below explain this in more detail.  If you want to investigate a malpractice case, 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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 and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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  Click here for my website. 
Answered on Oct 30th, 2013 at 10:14 AM

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