QUESTION
What can I do if I was misdiagnosed twice by the doctors in the ER at the hospital and my pain and suffering prolong from January to April?
Asked on Apr 21st, 2013 on Personal Injury - Iowa
More details to this question:
I was misdiagnosed twice by the doctors in the ER and my pain and suffering prolonged from January to April! I had a CT on my second visit, they then told me I had one kidney stone so I went to my regular doctor who refers me to a urologist, when seeing the urologist he tells me I have two stones not one and then I had surgery on my left kidney! A few weeks later I am in so much pain I cannot stand up straight, I went to a different Hospital and they also performed a CT and I got results. I then found out I have a Mass stone in my kidney there times bigger then what they said at the other hospital. I went home and the very next morning the hospital called me back and said that I needed to come back and that it was urgent, in the CT they found an abnormally huge lump and want to do some more imaging so I came back in and had more test done to find out this whole time. I had an abscess in my fallopian tube an infection is well there and then another infection in my left ovary and an infection in my stomach!
6 ANSWERS
Ronald A. Steinberg
Medical malpractice cases are so expensive to handle, that unless you lost a limb, or became paralyzed, or died, you probably will not be able to get a lawyer to handle the case.
Answered on Apr 26th, 2013 at 12:46 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Everything is not done according to perfection in the medical field. The question is whether you received standard medical care and whether you should have been diagnosed. Sometimes the test are inconclusive or hard to read get a doctor to review your chart and advise you.
Answered on Apr 25th, 2013 at 12:55 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you are ok now and there is no permanent damage, then, as a practical matter, there is no need to consider a law suit. You could hire some experts to determine whether the missed diagnosis was negligent, or if it could have occurred despite the doctor exercising all due care. It will cost more in expert witness fees that you would recover for a few months pain and suffering. You could complain with the appropriate officials at the hospital so that they can consider corrective measures.
Answered on Apr 24th, 2013 at 3:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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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 doctor(s) failed to conform to accepted practice, then you have a case. Your case is somewhat complicated, as these matters often are. Discuss the matter with an experienced medical malpractice lawyer in your area. These matters are expensive, difficult and time-consuming.
Answered on Apr 24th, 2013 at 3:00 PM
James Eugene Hasser
Unless the misdiagnosis has resulted in serious permanent injuries, your damages probably won't justify the time and expense involved in bringing a malpractice case. Short of suing, you can file complaints with the hospital and Medical Board.
Answered on Apr 24th, 2013 at 3:00 PM
Okay, hold one just one second. You are drawing a conclusion and making numerous assumptions without the requisite proof. You can't state you were misdiagnosed without an expert opinion. Who is the qualified doctor that is willing to testify as to your diagnosis? What doctor has reviewed your medical records? What is that doctor willing to testify to under oath was the failure of the treating physician? And how did it fall below the standard of care in the community? A bad result doesn't amount to malpractice. Exclamation points do not make an argument. Facts and expert opinions do.
Answered on Apr 24th, 2013 at 1:34 AM