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Can I sue my DR and the ER DR for failure to diagnose and treat. My DR for abandonment by sending me to an ER he dont pratice at
Fort Worth, TX
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Posted 6 months ago in Medical Malpractice
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I went to the ER 4/2/09 aprox. 9pm to be seen by a doctor for severe head pain, High temps of 103 to105 constant and more symptoms.it took the doctor five hours to tell me he didnt know what type of virus i had, He requested a chest x-ray blood samples and urin sample. he didn't give fluids or pain medication or anything for my temp.he sent me home with prescriptions.i go back to the ER 8 hours later.4/3/09 8am,A different Dr saw me and gave me fluids and pain meds and sent me home.my son called my family Dr, my mom took me in at 1pm i waited for 3 hr to be seen by my dr. he tells me to drink citrate solution and motrin for temp and told me i may have meningitis or mono then sends me home.i got worse and went to a different ER and they admitted me for meningitis i fought for my life.
Additional information
my doctor knew that i had meningitis and talked to staff members and members of other doctors at the clinic about his diagnosis and said that he wasnt doing to put in the notes because if something was to come up it will be his word against mine. My doctor had the reports from the ER stating that one of my lungs was not expanding properly at all and i had blood in my urine, my blood count was low and reports on my whit cells overtaking the red bloob cells and what ever else, i also have the reports. my doctor told me to go back to the hospital ER that i went to, where he dont pratice at, and hope i get to feeling better. i was in the hospital for 7 days. I am still having difficulties and he is on the defense about treating me Answers (2)
Clifford Douglas Gabel
This attorney is licensed in New York.
Posted 6 months ago.
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The question is not whether you can sue but whether you can recover damages, and from your post, it's not clear whether your suffering is due to the doctor's failure to appreciate the signs and symptoms of the meningitis or from the meningitis itself. Meningitis can be a very serious illness, especially if not treated timely and properly. I've seen it lead to brain damage in a case that resulted in a seven figure verdict.
Hopefully, for your sake, that won't happen or hasn't happened to you, but only you know your medical condition. You say you were admitted to another ER for meningitis and fought for your life, but how are you now? If you're okay, then I don't think it's going to be a case anyone's going to be interested in taking on a contingent fee basis. If you're not, and you can prove that had the meningitis been diagnosed earlier by the first doctor, you may have a good case. My advice would be to contact local counsel in your area and see if you can get a face to face consultation with an attorney who handles a fair amount of medical malpractice. If you e-mail me, I'd be glad to recommend somebody. 
Elizabeth Taylor Herd
This attorney is licensed in Florida and 1 other state.
Posted 6 months ago.
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I am not licensed in Texas, but can give you some general advice. You should contact a local lawyer immediately. In a medical malpractice action you have to prove that a deviation of the standard of care caused you significant damages. In looking at your primary care doctor's conduct I would be focusing more on his decision to send you home after seeing you on 4/3, as opposed to his decision to send you to an ER where that doctor made a decision not to admit you. The conduct of both the ER doctors and your primary care doctor may be actionable. Many states have heightened the burden for establishing negligence on the part of ER doctors. Ask a TX lawyer about this.
You have not really given enough information about how you are doing now (sounds like you had viral menningitis as opposed to Bacterial). The main focus right now should be your recovery. I would advise you to seek follow up care from a different doctor, and to call a Texas lawyer. If you end up with permanent damages as a result of the delay in diagnosing your condition you may have an actionable claim potentially against both ER doctors and the primary care physician. And lastly, when you go to your new doctor, ask him to request your records from the hospital and the former doctor. I hope your recovery is full and speedy. Betsey Herd Tampa, Florida |
