Grounds for Malpractice?

Question

I entered Emergency room 3 times each 2 day's apart. Was released all three times with advice to take Tylenol advil. To make a long story short, I ended up in another hospital under the advice of friends & family. Was in for 2 weeks for heart surgery. I was in a similar situation 11 years ago. Decided not to do anything. Enough is enough
Any thoughts?

Answer 1

You would need to prove that the actions of the doctors fell below the standard of care expected of medical professionals in your community, and that by doing so, you suffered direct measurable harm that those doctors should have foreseen.

Very hard to prove, but you're welcome to try.

Answer 2

Since the test that discovered the cyst is not typically given to someone with the listed symptoms you will have a hard time proving malpractice. If, on the other hand your medical problem would have been discovered easily with routine testing and the doctor still missed it then you would have a good case. Basically you need to prove the doctor in question had all the information needed to make a diagnosis.

Answer 3

While the above answers make some interesting points regarding malpractice claims and the thresholds required in the area of negligence, they omit two key issues:

1) Malpractice law varies by state, particularly in the area of maximums recoveries permitted.
2) The statute of limitations on medical malpractice can be quite short.

So: if you're considering a claim, you should contact an attorney in your state who practices in this area, and do so quickly.

Answer 4

You would have to have proof that they hospital staff were negligent in their actions, but it's really not worth the hassle as you could be waiting for years before your case even gets to someone since there are hundreds, thousands, even millions of malpractice cases. My father in law filed one about 12 years ago and still hasn't heard a thing. You're still tickin' so thank your family and friends for sending you somewhere else.

Answer 5

You must be able to prove damages to file a malpractice claim.

Answer 6

When you go through an emergency room, you are ALWAYS told to see your private physician the next day....

You obviously didn't.

Sometimes you have to take responsibility for your own actions.......glad you survived.