I am sorry to hear about this. What will be the key to a successful lawsuit is - Would it had made a difference if UNMC had conducted the EKG and found the heart attack, etc.? Would the surgery have been less intrusive or your arteries less blocked had UNMC discovered the heart attack? If not, then the problem may be that even though UNMC likely should have discovered the heart attack, your damages may have been the same. Meaning that you would have had to have the same surgery 2 days before, even if they had caught it on the 26th. So, the key is likely - Was the damage any worse due to the 2 day delay in diagnosis?
It would probably be beneficial for you to request your medical records from both UNMC and Methodist Hospital related to these incidents and review them yourself and try and get in touch with an attorney who is willing to review them as well for a possible medical malpractice suit. Medical malpractice cases are very difficult to prove and expensive to litigate. Most state laws require that you hire an expert witness (usually another doctor), willing to testify that the hospital/doctor's treatment was below the standard of care, before you can even file a lawsuit. Thus, an attorney will likely want to evaluate your medical records right off the bat.
Luckily you are okay and hopefully you can work something out with UNMC regarding assistance with payment of your treatment for the 26th, even if you decide not to pursue a potential lawsuit. You can always go talk to the hospital and explain the situation and the diagnosis/surgery at Methodist and tell them you have no insurance. Hopefully they will be able to work with you regarding the bill for the 26th. Hospitals will often negotiate regarding bills with patients who do not have insurance. Best of luck!
NOTE: This response is general in nature and should not be considered legal advice. No attorney client relationship exists or is formed by this response.
Answered on Feb 04th, 2013 at 10:11 AM