QUESTION
If I went to the ER and doctor prescribed me medicine for an infection I didn't have, do I have a case?
Asked on Jun 13th, 2013 on Personal Injury - California
More details to this question:
I went to the ER on Sunday to get an abscess removed from under my arm. The doctor started me on an antibiotic and pain meds. Well the next day, I go back due to the pain got worse. Another doctor pulls my packing out of my abscess and prescribes me the same antibiotic but he wants me to double up so I double up. I get sick really sick and my abscess comes back. So on Wednesday, I go back to the ER. They have to cut it back open and the doctor tells me I don't have an infection. I didn't need that medicine.
9 ANSWERS
1 Award
In my opinion, your potential damages do not warrant looking into a medical malpractice case. Medical malpractice cases are usually defended to the death by the medical liability insurance companies. You would need an emergency medicine doctor to testify that the emergency room doctors were negligent, if, in fact, they were negligent. Failing to make a correct diagnosis is not always negligent. You would have to prove that the emergency room doctors failed to exercise reasonable care. That is often difficult to prove. There are very few lawyers who represent people in medical malpractice cases because the cases are so expensive and difficult to win. The statute of limitations for medical malpractice cases is three years from the date of injury. That is your deadline for filing a case.
Answered on Jun 13th, 2013 at 3:17 PM
Ronald A. Steinberg
That is the biggest case I ever heard about. You will collect millions of dollars. All you need to do is to find a lawyer to handle it, and a doctor who will testify that the hospital doctor committed malpractice.
Answered on Jun 13th, 2013 at 2:41 PM
Thomas Edward Gates
Medical malpractice cases are hard to prevail in. You would have to show that these doctors failed to follow the standard protocol that an average doctor would reasonably follow. I do not think you would prevail. However, if you did prevail, since damages are small, you would not likely see a large judgment.
Answered on Jun 13th, 2013 at 1:45 PM
Likely you do not have a case because the antibiotic could be considered preventative or cautious, rather than necessary. Furthermore, the antibiotic likely did not cause your illness, thus you suffered no harm from the prescription.
Answered on Jun 13th, 2013 at 12:51 PM
James Eugene Hasser
Maybe, but the cost of pursuing would probably outweigh any potential recovery. Alternatively, you may want to file complaints with the hospital and/or the medical board.
Answered on Jun 13th, 2013 at 12:23 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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None of this makes sense. Talk to a doctor about the problem, infection is a funny thing. It is everywhere and no one knows where it comes from in every case. You seem to have hurt feelings more than anything else. You will get nothing for hurt feelings.
Answered on Jun 13th, 2013 at 12:22 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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At first glance it certainly sounds like medical negligence. But: (a) how large are your damages? That is, how much in the way of loss or needless pain did you suffer? It may not have been very much; and (b) Emergency Room docs get cut a lot of slack when it comes to rushed judgments. Of course, if the problem continues or gets worse, then your damages might be greater, but frankly I would prefer you regain complete good health. Good Luck.
Answered on Jun 13th, 2013 at 10:53 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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While you may have a case, it's not worth very much. I doubt you have any residual injuries. Medical malpractice cases are difficult in the first place and they need to have a major upside to make it worthwhile. seriously doubt any attorney would take your case on contingency.
Answered on Jun 13th, 2013 at 10:37 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would think not, they are attempting to help you and medicine remains an art, as well as a science.
Answered on Jun 13th, 2013 at 10:37 AM