Can I sue or is it worth me trying to sue a hospital for a mis diagnosis?: Is it a mis diagnosis if a hospital told me I was having neck spasms one day, then sent home suffering in pain only to return to same hospital the very next day were they then informed me I was having a heart attack?
Nima’s answer:
Based on those facts, you may have a cause of medical malpractice--However, in order to ascertain whether or not indeed there is malpractice, you must obtain all your medical records, charts, notes and have them reviewed by an expert doctor who then will be able to tell you whether any of the doctors in the hospital (either their direct employees or any of the non-employee doctors) failed to follow the proper standard of care. Figuring out whether there is malpractice is more of a medical question rather than a legal question.
Get all your medical records and contact an attorney in your area who does malpractice work. Contact my office if you need help in finding an attorney in your area.
I hope this helps-
Are these rules and regulations supersede my rights to my medical records?:
I asked Kaiser Hospital for my Medical Records, they did not provide.Medical Board of California helped me complete "Authorization for release of Medical information "form and sent to Kaiser.
When they get my records,they will not release them to me.They wrote:
"Regarding your request for copies of information obtained from Kaiser,pursuant to Government Code Section 6254(f),records of investigations conducted by state licensing agencies are not subject to disclosure.In addition,investigation records of state licensing agencies are privileged under Section 1040 of the Evidence Code.Therefor the Board is prohibited by law from granting your request for copies of any documentation received by this agency during the course of our review."
Please explain these rules and laws.
Nima’s answer:
Looks like you are not trying to simply get your medical records but records of some investigation. Those are generally privileged, specially if the result is a finding in favor of the doctor. You can obtain your medical records directly from the hospitals and doctors' office.
I hope this helps
Can I sue my doctor for malpractice?: In 2013 I had surgery (paniculectomy) to remove excess skin after weight loss surgery. I was told to call the office immediately if I got a temperature of 100.5 degrees or more. I had a temp of 103 and called at 10pm and the doctor on call told me not to worry about it and come in when it was my next office visit. Because he dismissed my fever, I ended up in the hospital for 16 days with a super bug infection. I had to have more surgeries and I had to wear a wound vac from August to November because the infection caused a hole to open up on my lower stomach area. As of today, the area is deformed and will never get any better. This is just a short version of what happened to me.
Nima’s answer:
You may or you may not have a case. Finding out whether medical malpractice has occurred is more of a medical question rather than a legal question. The only way to find out is for you to gather all your medical records, charts, notes and have them reviewed by an expert who will then have to be able to say in fact the doctor failed to follow the standard of practice. Since medicine is an art, it is possible to have bad results when no one has been negligent.
As soon as you can, have your medical records reviewed by an expert, or contact a medical malpractice attorney in your area so that you can know what to do next.
I hope this helps