Do I have a case?

Question

About 3 years ago I started having gall stone attacks. From the beginning they were very severe attacks. Not having health insurance and not knowing where to go to get help, I went to the ER. They told me it was just gas and prescribed an antacid. I went home and a few weeks later when the pains became more intense, (they were severely painful to begin with.) I returned yet again to the ER. I informed them of the previous visit and yet again I left that day with no answers. The doctor told me it may be an ulcer and to follow up with the county health department for treatment. I made the appointment and while waiting for the appointment I suffered the most severe attack Back I went to the ER where they finally diagnosed the problem correctly. I was prepped for emergency surgery. That all came to a halt when they discovered my liver and gall bladder were severely infected. It took over a week to stabilize me for surgery and I was told if I waited even another day (brb have to add detail

If i waited another day I would have died. Can I sue them for malpractice?

Because of their negligence in the first two times diagnosing incorrectly, I could very well have died.

What I meant by if I waited another day was If I waited to go to the ER that third time.

Answer 1

I would certainly at least present your case to a lawyer and see what they think. I don't know what state you live in but it would seem to me that they did not want to deal with a person who does not have insurance that would pay right up. My state has signs in the emergency rooms saying no one can be turned away due to insurance status. A lot of lawyers will do a consult at a reduced price or free; or if you have a legal aid society in your area contact them.

Answer 2

Another thing to keep in mind here is the statute of limitations on personal injury claims. These vary from state to state. If you live in California for instance, you'd be out of luck. California has a two year statute of limitations. Talk to a lawyer A.S.A.P. You can find one at www.martindale.com.

On an alternate note, and to add to the previous answers, you must ask yourself how you were legally damaged. Did you suffer any real consequence as a result of the alleged misdiagnosis? Do you have any injuries as a result of this? You cannot collect for ALMOST dying. Almost getting injured doesn't count. Assuming the doctors were negligent (which may be an uphill battle based upon what you've described), then you might be able to collect for the added pain and suffering you suffered as a result of the delayed diagnosis. But this won't be much, if anything.

Answer 3

Sorry, you suffered no damage. You can't sue for what might have happened. Actually, the ER is not the best place to get diagnosed. And abdominal pain is very hard to diagnose without a lot of tests. It can be hundreds of things. It's not unusual to wait to see what other symptoms occur that help narrow down what the problem is. And overall they did an acceptable job in that you had the surgery and you were cured.
Find a personal doctor. Many of them accept cash payment if you don't have insurance.

Answer 4

Sure, you have a case, but's it's a weak one. Gall stones are actually difficult to diagnose. There probably wasn't enough info to suggest gall stones. The hospital will do everything they can to save face and not allow this to go to trial. Either they will present evidence that clears them and embarrasses you, costing you money, or they will settle with you (which isn't all that bad.) But it is so difficult to diagnose things in the E.R., because there are many patients who are at higher risk and they must choose their battles...chest pains or stomach pains...which would you place priority on?

I'm sorry to seem like I'm belittling your issue, but you should be glad you ARE alive. Be thankful for that. They DID afterall save your life. I don't see where the malpractice is. It just took them a little while to diagnose the problem.

Besides, if you sue and lose, you're going to pay an A$$load for court costs and lawyer.

I know you want to be angry at someone, to blame someone for the pain you were going through, but the way you described their procedures seemed logical to me. I wouldn't try to sue.

Answer 5

Not much of a case. You didn't die, and you didn't suffer any real harm....if they had diagnosed you properly, you would have had the same surgery you ended up having anyway. It sounds like it was a relatively short time between your first visit and the surgery...so it's not like you suffered for a long time with a wrong diagnosis. It's very expensive to pursue a medical malpractice claim; you have to get at least one doctor to review your records and give an opinion on the quality of the care you received. If a lawyer accepted your case, it could drag on for years. Since you are apparently OK now, you should forget about it and get on with your life.

Answer 6

This answer is a general answer and does not constitute legal advice. Talk to an attorney in your area.

In general, the question to ask is whether the hospital used the same care that is ordinarily used by medical professionals with the same experience/education in your area. If so, then you probably have no case. If they weren't reasonable in their care, then maybe. You would need to get a medical expert to be able to tell you whether they did or did not use a reasonable standard of care.

When you go looking for an attorney... talk to the big firms. You will need a firm with some "deep pockets" to finance a case like yours. A small firm or solo practitioner probably doesn't have the bankroll to finance a case like yours (could take YEARS).

So, in general, the answer to your question is maybe yes, maybe no.

Answer 7

But you didn't wait and you did what you were supposed to do and the medical emergency was handled. Consult an attorney if you wish, but be prepared to show how your health has been harmed or made worse by medical staff you dealt with. Your case description seems to say you want compensation for something that 'could' have happened, but didn't happen. In that respect you could have had a car accident on the way to the hospital, but didn't have that either.

Answer 8

I suppose you do, but things like this happen all the time.

I was diagnosed with a life-threatening kidney infection. They told me that if I had come in a day or two later, my kindeys would've been overwhelmed with the infection, they would've shut down, and I would've died.


I was diagnosed with the flu, and a severe cold before that.

Answer 9

Def talk to a lawyer but even if you cant sue I would suggest you let as many people know about your experience as possible it could save someone elses life, put your story on a webpage with the hospitals name so when people do a search on them it will pop up.

Answer 10

You always may have a case,but try and find a parasite attorney to take it to court.My Prayers to you.