QUESTION
When a medical faciltity knows your condition shouldnt they check for conditions such as PCP for HIV
Asked on Aug 16th, 2012 on Medical Malpractice - New York
More details to this question:
i am an HIV positive man who was not on any medication at the time and no history of hospitilaztion. 2/8/11 I went to the ER of my primary doctor an I. D hospital where they took just an xray and confirmed they knew my medical history, they spoke with my docotr and I had a mild case of Pneumonia (Community Acquired Pneumonia CAP) on my right lung I was admitted & released next day with antibiotics. I got progressively worst and returned 2/17/11again i was admitted overnight and released with other medication. I questioned my condition worsening and was told i had CAP agan. 2/28/11 i couldnt walk or stand up &called EMS. Lungs were at 60% opposed to norm of 90% PCP was confimed I remained in ER and despite need for ICU i was put in a regular room. I did not progress over the next week and a half, Eventually I was put in ICU. I requested intubation. 3/17/11 at the time the doctors were doing their rounds my left lung collapsed ane heart stopped. I remained intubated for 2 week
1 ANSWER
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John J. Ratkowitz
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I would think that accepted standards of medical care would require a hospital to prophylactically treat you with antibiotics for PCP anytime you showed signs of pneumonia, given that (a) pneumocystis pneumonia is the most common opportunistic infection in people with HIV and (b) PCP is now almost entirely preventable and treatable. If you damages are limited to the additional medical care, however, you are going to have a difficult time getting an attorney to take the case on because it is probably not financially viable.
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 expect when filing a medical malpractice case.
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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 17th, 2012 at 2:06 PM