QUESTION
When a doctor misdiagnoses me with the flu when I had a uti that turned septic, is it the doctor's fault for not performing a thorough examination?
Asked on Nov 27th, 2012 on Medical Malpractice - Hawaii
More details to this question:
I have never had a uti and didn't know the symptoms for one. I had fever and chills for 4 days and thought I had some sort of flu. I went to an urgent care facility and they ran the flu test and it came back negative. I told the doctor I had been traveling and was sick already when I returned home. She told me I probably have some sort of the flu and prescribed me tamiflu and tylenol. My fevers continued and got worse. After talking with a friend familiar with utis, she said to go back and have a urine sample taken to determine if that is my case. I told the practitioner that I think I was misdiagnosed and they ran a screen of the urine sample and found bacteria. They had to send out the sample. They prescribed me Ciproflaxin. I took the antibiotic and tylenol. My fever came back. It was worse, 106 degrees. I was disoriented and needed help right away So I called an ambulance. They admitted me to the hospital and diagnosed me with sepsis. I was there for 5 days.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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It is hard to say whether you received negligent care. Not every diagnostic failure is caused by medical malpractice. If you did not complain of symptoms commonly associated with a UTI infection (Click here) then the doctor's failure to diagnose this condition was probably not negligence. Beyond this, despite the sepsis and five day hospital admission, you probably do not have a financially viable case.
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.
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 and here for more information about me.
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 Nov 28th, 2012 at 2:06 PM