QUESTION
What case can I file to a hospital who failed to treat a tumor that resulted to vision loss?
Asked on Dec 27th, 2013 on Personal Injury - New York
More details to this question:
I had a brain tumor that was pea sized. The hospital failed to monitor it for 4 years, 2 of which I knew about it. When it grew to over 4 inches, they finally removed it. It had been pressing on the optical nerve and it's removal resulted in multiple vision and me being off work for months and permanent loss of vision, especially peripheral and depth perception. One doctor said she could operated on the back of the head (the tumor was in the front of the head) but did not want to take a chance of ruining what little good vision I have looking forward. I am back at work with restrictions. If I had to change jobs, no one else would take me on with these work restrictions. This vision loss affects my depression.
6 ANSWERS
James Eugene Hasser
It takes the opinion of a medical expert to determine if malpractice occurred. Medical malpractice lawyers typically have such experts available. Consider consulting one. You also may have a time issue, so, if I were you, I would immediately do so.
Answered on Jan 02nd, 2014 at 4:56 AM
Ronald A. Steinberg
You need to consult with a malpractice attorney. You need an expert to examine you, and to review all of your medical records to determine if the hospital and any of the examining doctors committed malpractice by failing to timely diagnose your condition.
Answered on Jan 02nd, 2014 at 4:56 AM
1 Award
Your issue is not with a hospital but with a doctor. Hospitals do not make decisions about when to do something for a patient, doctors do. You might have a problem with the statute of limitations, which is three years in Wisconsin. That time period begins to run from the date of injury, or three years from the date of the last negligent act if there was a continuing course of negligent care. I cannot tell from your email whether you might be able to use the continuum of negligent care theory in attempting to extend the start date of the three-year statute of limitations. I think you should immediately contact a lawyer who represents patients in medical malpractice cases to determine whether you still have time to pursue a case, and whether your case has enough merit to warrant pursuing.
Answered on Jan 02nd, 2014 at 4:56 AM
Edwin K. Niles
Med mal cases are very difficult. See a lawyer who specializes.
Answered on Jan 02nd, 2014 at 4:54 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You had a tumor (brain) and for 2 years did nothing about it while it grew. How do you blame a hospital for that? explain please do you thin k a hospital must go round monitoring your health? On what basis? Tell me where you got this idea.
Answered on Jan 02nd, 2014 at 4:54 AM
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. You will need to get copies of ALL of your medical records and have a doctor review them; if he/she is willing to testify that the hospital failed to conform to accepted practice, then you have a case.
Answered on Jan 02nd, 2014 at 4:53 AM