QUESTION
Do I have a malpractice case if I was diagnosed for ulcer when my appendix was actually ruptured?
Asked on Aug 13th, 2013 on Personal Injury - New York
More details to this question:
On August 7, 2013 I went to the hospital with severe abdominal pain on my left side, no vomiting, no diarrhea, no fever, they ordered all test except CT scan; I was diagnosed of "Ulcer" and sent home. Time past and I was feeling worse: generalized abdominal pain (I don't wanted to be touched) fever, nausea so I went back to the hospital a couple of hours later, they performed a CT scan and I was rushed to the operating room. My appendix was ruptured and puss in my abdominal cavity was found. I’m in New York.
3 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Yes, you do have a case. Make sure to act within 90 days if it was a municipal hospital (otherwise, the hospital will be immune to your lawsuit).
Answered on Aug 16th, 2013 at 8:53 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Possibly. You would have to gather up all of your medical records and have them reviewed by an expert to determine that the conduct of the hospital staff amounted to "malpractice" and not just a "judgent call". Unfortunately, this kind of case is very expensive and time consuming so even if there was actual malpractice and you can prove it, it may be too costly to pursue.
Answered on Aug 15th, 2013 at 9:59 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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You only have a case if the couple of hours delay in diagnosing the ruptured appendix made a difference in the care. If it is just a couple of hours of extra pain it is not a case.
Answered on Aug 15th, 2013 at 9:59 AM