QUESTION
Do I have a lawsuit for wrong diagnosis at the ER?
Asked on Jun 15th, 2014 on Personal Injury - Wisconsin
More details to this question:
I went to an ER and was told I had an eye infection and stress attack and released. I went to a different ER and was admitted for sepsis which is life threatening. Do I have a lawsuit?
16 ANSWERS
Criminal Defense Attorney serving Houston, TX
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RJ Alexander Law, PLLC
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It is possible that you have a viable lawsuit for the misdiagnosis of sepsis. What was the time period in between the two diagnosis and what damages did you suffer as a result of the misdiagnosis? You need to consult a personal injury attorney to review your medical records and make a more detailed inquiry into your potential lawsuit.
Answered on Jun 20th, 2014 at 11:44 AM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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There would only be a claim if the delay in treatment caused significant harm. If you went to the second ER shortly after the first ER visit, then there is probably no lasting harm caused by the misdiagnosis.
Answered on Jun 19th, 2014 at 6:02 PM
Thomas Edward Gates
Not likely. You would have to show that they deviated from the standard care of practice.
Answered on Jun 18th, 2014 at 5:37 PM
The short answer is probably not, but you should definitely check with an experienced personal injury attorney in your area. Most hospitals have something called governmental immunity, which means that proving a negligence claim against them is more difficult than against a private citizen or corporation. Additionally, courts recognize that sometimes doctors make mistakes in diagnosing patients. Finally, you don't really have the fourth prong of any negligence claim, which is damages. Because you were later properly diagnosed, and I am assuming treated, you cannot prove damages (such as serious impairment of a bodily function, or death).
Answered on Jun 18th, 2014 at 5:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What are your damages? How long between visits? If it was a blown diagnosis but not damages you might have a cause of action of the money you paid the first ER.
Answered on Jun 18th, 2014 at 5:31 PM
Ronald A. Steinberg
Sure, but what is it worth? If you died, it would be worth a lot; since you did not, and you would have needed hospitalization anyhow, you only had a slight delay. Now, if a doctor will say that the delay will cause you harm in the future, then go for it.
Answered on Jun 18th, 2014 at 5:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sepsis means infection. You don't have a claim because different folks say the same thing in different ways . you have a claim only if you have a problem caused by a mistake and you have death OR SERIOUS INJURY AS A RESULT.
Answered on Jun 18th, 2014 at 5:30 PM
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It does not look like you were injured by the wrong diagnosis having been made. Therefore, you probably do not have a lawsuit that you could successfully pursue. You must suffer an injury as a result of medical negligence to be able to successfully pursue a case.
Answered on Jun 18th, 2014 at 5:30 PM
Personal Injury Attorney serving St. Louis, MO
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Thomas J. SanFilippo & Associates, LLC
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Potentially yes you could have a case. But with that little amount of information it's impossible to tell for sure.
Answered on Jun 18th, 2014 at 5:30 PM
James Eugene Hasser
Whether or not medical malpractice occurred is a question for a medical expert. Medical malpractice lawyers typically have such experts available. You may want to consider consulting one, but because the problem was detected and treated and you suffered no permanent damages as result of the misdiagnosis, even if you did have a claim, the cost of pursuing it would probably far outweigh any potential recovery. That does not mean you are without a legal remedy, though. You can complain to the hospital and/or the medical board.
Answered on Jun 18th, 2014 at 5:30 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Doubtful. If they had reason to believe you had eye infection plus stress attack, then it was a judgment call, no malpractice. Even if it was, then if the second ER caught it in time, the costs of pursuing the matter could easily exceed the likely recovery.
Answered on Jun 18th, 2014 at 5:28 PM
Personal Injury Attorney serving Portland, OR
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Peterson Law Offices, PC
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Infections happen all the time at hospitals and by itself it doesn't necessarily mean you have a recoverable claim. If the sepsis causes great damage then perhaps the misdiagnosis played a role but from the question it seems it's being handled. From what is presented fact wise I won't think there is a valid claim for medical error.
Answered on Jun 18th, 2014 at 5:21 PM
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 Jun 18th, 2014 at 5:15 PM
No, not in my opinion. You have no damages.
Answered on Jun 18th, 2014 at 11:56 AM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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When you were admitted in the second emergency room, how long were you in the hospital and what additional treatment did you need because of the failure to diagnose the problem in the first emergency room?
Answered on Jun 18th, 2014 at 11:52 AM
Car Accidents Attorney serving Milwaukee, WI
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Domnitz & Domnitz, S.C.
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You may have a claim for negligence against the first provider, but since you were resourceful enough to obtain a second opinion and have the condition treated appropriately, the claim against the first ER has minimal if any value. You can't claim damages for something that could have happened as a result of a missed diagnosis, only for things that actually did happen.
Answered on Jun 18th, 2014 at 11:51 AM