QUESTION
When testes become nonviable and removed one week after a misdiagnosis of infection, treated with antibiotics, qualify as medical malpractice?
Asked on Mar 29th, 2013 on Medical Malpractice - California
More details to this question:
15 year old boy admitted to ER with excruciating pain in left testicle. After 6 hours of steady screaming and er physician stating that it may be "gallstones", ultra sound and Cscan were negative. My son heavily sedated was released to home with no diagnosis except statements that it could be an infection. In fact it was Torsion and after one week of being treated with 2 shots of antibiotics and blood taken daily, the testes became nonviable. The physician panicked stating that the antibiotics were not working and ordered another ultrasound. There was no blood flow to the testes. We transported my son to the hospital for immediate surgery. The testes was removed. My son is an elite track and field 'miler' and is extremely depressed about his loss. When my son was initially injured, 3 months earlier, the radiologist could not explain my son's extreme pain and suffering. In both situations I told ER staff that a mistake must have been made. The time delay costs my son's testes.
1 ANSWER
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John J. Ratkowitz
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It sounds like you have reason to investigate a medical malpractice case. Testicular torsion is often diagnosed through a simple clinical exam by testing the cremasteric reflex. Click here for a discussion of the injury, here for a discussion of cremasteric reflex test. This is not rocket science, and you would expect your son to have been screened for this possibility at the outset.
The big question will be how has this impacted your son's ability to have children. It probably has a statistically significant impact, but I would guess that it will not prevent him from reproducing. Obviously, if they conclude that it will impact his ability to have children, the case is much more substantial.
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 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 Click here for my website.
Answered on Mar 31st, 2013 at 8:21 PM