Over a year ago I was misdiagnosed in WV with galbladder stones. I was so sick that I flew home to FL with a fever of 103 and they found out my kidneys were filled with fluid that contained MRSA. The doctor who reviewed my CT scan sent from up north had made a quiet comment that the previous doctor who saw me up north should have caught that.
I know that no doctor would testify another doctor (which I respect), but if the CT scan clearly shows my kidneys filled with fluid, can I try to sue?
I'm quite sure I would have gone into septic shock and died had I not been admitted that night.
2007-06-24 22:16:19 · 5 answers · asked by nalv420 2 in Business & Finance ➔ Insurance
Who are you to assume I didn't suffer? Being hospitalized for a month with drains to my kidneys and a PICC line for IV treatment at home for over a month after that THATS DAMAGE to me. I have a post traumatic stress disorder of getting it again, THATS DAMAGE.
2007-06-25 07:11:43 · update #1
Anyone can sue anyone else for anything, here in the US.
So sure you can sue! I don't know if your case is going to be WORTH much, however, as another doctor caught the mistake, and fixed it. Annoying, but no harm done.
The time frame to sue is called the Statue of Limitations. It varies from state to state. I don't know if you'd use the WV statue or the FL one, you'll have to consult an attorney or three.
If no one wants to take this on contingency (which means, no win, no pay, but if they win, they get 30%) it's either because you'll have a hard time proving the case, or it's not worth very much. In which case you'll have to pay the lawyer by the hour ($150 - $250 is the going rate) and you'll likely end up paying the lawyer more than the case is worth.
2007-06-25 01:59:31 · answer #1 · answered by Anonymous 7 · 0⤊ 0⤋
Your chances at winning anything of value in such a suit are quite limited. For starters, the fact that you MIGHT have gone into septic shock and died does not mean that you DID.
Unless you can show some sort of permanent harm from this omission in diagnosis, your chances are quite limited. Bear in mind that you have no proof, other than a comment, that this WV doctor misdiagnosed.
If you still feel that you want to pursue litigation, contact a malpractice attorney for a free consultation.
Good luck.
2007-06-25 01:19:16 · answer #2 · answered by acermill 7 · 0⤊ 0⤋
Should the doctor have caught it? possibly. Did you suffer because of it? no, the other doctor caught the issue and you are fine now. Live and let live. The original doctor may not have been a renal specialist, sometimes ER docs miss details that specialists would not.
The fact that you are willing to sue someone when you aren't injured, disabled, or still sick...speaks to your lack of ethics. If you had suffered damages, sure recover your losses...but from what I gathered, you suffered no damages other than you wish you had money that you never earned.
People that open frivilous lawsuits suck.
2007-06-25 04:05:12 · answer #3 · answered by DH1 4 · 0⤊ 0⤋
One of the elements of a lawsuit is damages. Even if you could prove that the first doctor was negligent, you have to show that you were damaged in some manner. No damages equals no recovery.
As for the thought that no doctor would testify against another doctor, you are quite wrong. It happens all of the time.
2007-06-25 06:36:47 · answer #4 · answered by Phil 5 · 0⤊ 0⤋
I suggest you find an attorney in your state specializing in medical malpractice cases.
2007-06-25 00:41:08 · answer #5 · answered by fcas80 7 · 0⤊ 0⤋