QUESTION

How would I go on about suing a malpractice for my ruptured appendix?

Asked on Dec 28th, 2012 on Personal Injury - Nebraska
More details to this question:
I was 24 at the time 2010. I Lived in Modesto California, and I felt something pop in my body. It was the most pain that you could imagine. I went to the hospital called Doctors, and they said I had kidney stones, they even took an ultrasound and didnโ€™t see anything so they sent me off and gave me medication for the kidney stones, which I still have all my paper work. Well two days later, I called the ambulance and they didn't take me back. Because they said that kidney stones would be hard to pass and it would do that to me, so the third day my sister in law end up taking me to another hospital called Emanuel. City thatโ€™s in Turlock not far from Modesto. They said if I didn't come in two more minutes I would have died, they had to wash my body with soap and water. Until this day I've had surgeries, I had to get a hysterectomy because of it. I'm only 26, So now h
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10 ANSWERS

Ronald A. Steinberg
Well, I am NOT a California lawyer, but I am a specialist in medical malpractice, so my answer will be proper, medically but because the time limits may be different in California, you really need to consult with a lawyer there. The doctor/hospital screwed up. Appendicitis is diagnosed by pain in the right lower quadrant of your abdomen, and what is called rebound tenderness. If you had the "normal" symptoms, then the doctor should have picked up on it, especially since your kidneys are in back somewhat above your hips. The appendix was loaded with pus, and when it burst, it spread all of that throughout your abdominal cavity, and if not promptly and properly treated, you could have developed peritonitis, and you could have died. You have long term damages due to having a hysterectomy. Get a malpractice lawyer and go for it. Hopefully, the time limit has not run out. In Michigan, you have to sue within 2 years of the date of the malpractice.
Answered on Jan 15th, 2013 at 7:27 PM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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The answer to your question is that you should immediately speak to a personal injury attorney who is experienced in suing for injuries caused by misdiagnosis. Do not delay, because the statute of limitations could cut off your right to recovery. Take all the evidence and information you have so that the attorney can advise you. Good luck to you.
Answered on Jan 09th, 2013 at 7:28 AM

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What is a bit hard to understand is why is your question posted with the designation "State:New York" What happen to you in a California hospital has to be weighed under the laws of that state, and California attorneys are better equipped to help you. If what happened to you happened in New York, I would say that you have a solid claim of medical malpractice, namely, a failure to diagnose that resulted in exceptionally grievous injury. In New York, a competent attorney would be able to inflict proper retribution on the cretins who did not know or did not care enough to distinguish appendicitis from kidney stones, and on the hospital allowing such cretins to practice medicine within its walls. I am sure there are attorneys in your area who can do the same for you under the California laws. Just find yourself a really good one.
Answered on Jan 09th, 2013 at 7:25 AM

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The malpractice occurred in California, so you should consult a California lawyer. I strongly suggest you do not hesitate, because California may have a statute of limitations which is shorter than the Wisconsin 3-year limitations period. If you or those you trust don't have the name of a California lawyer, you can call the State Bar (presumably in Sacramento) and ask for a referral. Do not wait.
Answered on Jan 08th, 2013 at 7:59 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You need to find a malpractice attorney in California to take your case. Below is a description of the type of evidence you would need. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse/dentist deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse/dentist was negligent. 2. Evidence that the negligence cause some harm. For example, failure to diagnose cancer did not cause the cancer. If the patient would have had the same result had the cancer been correctly diagnosed earlier, then there are no damages. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. Some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.
Answered on Jan 08th, 2013 at 7:53 AM

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Brain Injury Attorney serving Baton Rouge, LA at The Lucky Law Firm, PLC
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So sorry to hear about your issues. Unfortunately, I am not licensed in California. You should consult with a California attorney as soon as possible. Best of luck.
Answered on Jan 08th, 2013 at 7:49 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You had a ruptured appendix. That was yours not the hospitals. It was diagnosed for some reason that does not appear and there was a delay. You had 2/3 or so days of pain which you would have had anyway, regardless. You are not dead. You would have had a bad time and surgery regardless of the delay in diagnosis. So you in essence have 2 or 3 days of pain that would be your damage if you proved they did not diagnose because of something they failed to do properly what can you make of that in terms of dollar damage and who will pay the costs of the litigation that may be many thousands of dollars? Maybe 20 or 30.
Answered on Jan 07th, 2013 at 1:27 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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You need to talk with a medical malpractice attorney in your area. It sounds, unfortunately to me, like you may have passed the statute of limitations on bringing a malpractice claim. Although the outside end is 3 years, there is a threshold statute which says you have to bring a malpractice claim within one year of the date you discovered or reasonably should have discovered the malpractice.
Answered on Jan 07th, 2013 at 1:26 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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This happened in 2010, why do you only now make this inquiry in 2013? In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of ALL of your medical records and have a surgeon review them; if he/she is willing to testify that your previous surgeon(s) failed to conform to accepted practice, then you have a case.
Answered on Jan 07th, 2013 at 1:26 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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the State you selected when asking your Question, does not appear to be involved in your case at all. Attorneys can only offer legal advice for cases in States in which they are licensed to practice in or they would be committing the unauthorized practice of law. I am not licensed in California so I cannot provide any legal advice. You should re-ask your Question and select "California," which is where it appears everything took place.
Answered on Jan 04th, 2013 at 1:09 PM

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