QUESTION
My father endured a very risky heart procedure due to misdiagnosis. Does my father have a valid malpractice suit and what are his chances of winning?
Asked on Sep 19th, 2012 on Medical Malpractice - North Carolina
More details to this question:
My father was misdiagnosed by his cardiologist for 7 months. He was told he had pneumonia, a blood infection, congestive heart failure, etc. In reality, he had endocarditis, which is easily treated with antibiotics. To make a long story short, about 3 months ago he was taken to the emergency room, yet again. An emergency room physician looked over my fathers records for the last few months and correctly diagnosed him with endocarditis. Not knowing the ER physician had done that, my fathers cardiologist told my dad there was nothing else they could do and he had from 2 to 12 days to live. We immediately had him moved to Duke University Hospital where they did an operation to remove the biological valve that his cardiologist had put in 4 years before that. Because the endocarditis was not correctly diagnosed it had disintegrated the valve causing my Dad to almost lose his life. Do you think we can sue for malpractice and realistically have a chance of winning?
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Click here for an article regarding a medical malpractice case I successfully prosecuted against the primary care physician for failing to diagnose endocarditis.
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 Sep 20th, 2012 at 9:46 AM