QUESTION

Can I sue the hospital for misdiagnosis saying that I have no appendicitis when in fact I do have one according to another hospital?

Asked on Mar 13th, 2014 on Personal Injury - Michigan
More details to this question:
One hospital sent me home saying no appendicitis. Two days later a different hospital St. Joseph's said that I had appendicitis and RUPTURED COLON. The appendix had been rupture for two days, but the contents from my colon had covered it up by then keeping me alive.
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8 ANSWERS

James Eugene Hasser
It takes a medical expert to answer your question. Medical malpractice lawyers have such experts available. Consider consulting one.
Answered on Mar 14th, 2014 at 8:23 AM

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Medical Malpractice Attorney serving Highland, IN
Partner at Padove Law
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It sounds like you should contact a injury attorney who handles malpractice cases to review the records and determine whether the standard of care was met in evaluating your symptoms at the first hospital. If it was not, then you may have a case to pursue
Answered on Mar 13th, 2014 at 7:27 PM

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It appears that you have a valid claim for malpractice against the first hospital and the physician(s) who failed to diagnose your condition. If you wish to assert your claim, speak with an attorney as soon as possible: a notice of claim has to be filed within 90 days from the date the malpractice occurred (or was discovered, or should have been reasonably discovered); otherwise, if the hospital belongs to the City, you lose your clam against the hospital.
Answered on Mar 13th, 2014 at 6:15 PM

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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 Mar 13th, 2014 at 6:07 PM

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What you describe appears to be a breach of the standard of care. Having said that, you would have to have a medical expert witness review your records and conclude that the standard of care wasn't met and that the failure in fact caused your appendix to burst and to rupture your colon.
Answered on Mar 13th, 2014 at 5:46 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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I dealt with a very similar case several years ago. Unfortunately, med-mal cases are so expensive and time consuming that even if we can prove malpractice, there are times when the potential recovery would not justify the necessary investment. Ask a few med-mal lawyers in your area, maybe someone will be interested.
Answered on Mar 13th, 2014 at 5:44 PM

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Thomas Edward Gates
From your own words, "colon had covered it up," hence no lawsuit. Also, you would have to prove that they failed to take reasonable care in examining you to determine if there was a medical issue.
Answered on Mar 13th, 2014 at 5:44 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney with all of the details. If there was professional negligence you may have a cause of action for the damages resulting from the error.
Answered on Mar 13th, 2014 at 3:23 PM

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