QUESTION

Do I have grounds for a medical negligence lawsuit?

Asked on Jun 13th, 2015 on Personal Injury - New York
More details to this question:
A few months ago, I was in extreme pain in the left side of my body. I went to the local ER and they misdiagnosed me with a strained back after doing no testing or examinations on me, they gave me a muscle relaxer and sent me home. The following afternoon, the pain intensified so I went back to the same ER and they performed a chest x-ray and took blood work. While waiting I asked a nurse for a blanket because I was cold. She seem noticeably annoyed. I had asked and proceeded to throw a blanket at me from the doorway, a good 10 feet away, and it hit me very hard on my chest. The doctor then advised the same nurse to give me something for my pain before he exited the room. The nurse replied that I could wait because she was busy doing another task, blatantly ignoring the doctors order. She made me wait a very long time for medication to relieve the pain. I was informed that this time, I had kidney stones and discharged me again. This time discharging me although I still had a fever of 103F. The following day, the pain was still severe, so I contacted my sister who works for a doctor’s office. She then contacted her boss who is a surgeon and he, after hearing my symptoms, immediately direct admitted me through the same ER. I was told that if I had not been admitted I would have been dead within 24 hours due to sepsis in the blood. The failure of the hospital to correctly diagnose me and discharge me without administering the proper tests resulted in diminished lung capacity in my left lung, endocarditis of the heart, loss of my job, and now being dependent on medications for the rest of my life. It has also greatly inhibited my quality of life due to my health issues. It has also caused severe anxiety and depression. The ER staff treated me as if I was a "drug seeker", failing to take my pain or symptoms seriously, let alone treating them.
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2 ANSWERS

On the facts as you described them, yes, you do have a case. Even though it is difficult for you to deal with it now, and even through the law gives you 30 months to start the lawsuit, don't leave it for later, do your best to start it as soon as you can: the more time will pass, the more difficult it will be to collect all the evidence you will need, the details will fade in your memory and in the memory of witnesses, personnel of that ER might change jobs or even move out of the state altogether, etc. The bottom line: if you want to sue, do it now.
Answered on Jun 17th, 2015 at 4:54 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Possibly. All of this will of course need to be documented and you will need expert witnesses. Contact a medical malpractice lawyer in your area. These cases are difficult, expensive and time-consuming. It will take years to resolve.
Answered on Jun 16th, 2015 at 11:44 AM

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