QUESTION

Can I sue a hospital if they failed to perform a test to diagnose the problem at hand?

Asked on Apr 19th, 2014 on Personal Injury - New York
More details to this question:
I went to the ER for severe left lower abdominal pain and nausea/vomiting. I was seen by physician assistant and she diagnosed the problem as pelvic pain and virus. The only test performed was urinalysis and routine labs. The PA prescribed pain and nausea medicine. The ER failed to perform an x-ray to check for any blockage or other abdominal issues.
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6 ANSWERS

Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answered on Apr 22nd, 2014 at 10:16 AM

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James Eugene Hasser
It takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Apr 21st, 2014 at 4:01 PM

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Ronald A. Steinberg
And? What damages?
Answered on Apr 21st, 2014 at 3:41 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You can sue, but if the PA followed protocol for other emergency room doctors in your area, you won't win. Sometimes the procedure is to make the initial analysis and then if the pain persists, do the x-ray. If that is the procedure in your area, you don't have a case.
Answered on Apr 21st, 2014 at 3:37 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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They did not do a lot of other things. Who made you a doctor and able to make such decisions as to what are necessary? You did not say there was any consequence to the failure. You have to prove negligence, then prove damage (some genuine injury) why don't you ask your own physician. It is a medical call at this point anyway.
Answered on Apr 21st, 2014 at 3:31 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I do not see anything in your description that qualifies as malpractice. Many conditions could cause the symptoms you describe and their are any number of tests that could be performed. Medical science is not an exact science and from what you describe it sounds to me that the PA made a judgment call. Also, it is not clear how much worse off you are as the result of the lack of further testing.
Answered on Apr 21st, 2014 at 3:14 PM

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