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Do I have a medical negligence case?

Sarasota, FL |

My son was taken to the ER for chest pains. He has heart disease and has a pulmonary valve and pulmonary stent. He is only 15 and at the ER they did chest Xray, 3 lab tests and called another hospital to transport him. We were there for about 5 hours and on the records it shows a MD came to see him. There was 4 people in the room at all times and the dr never came into to even listen to his heartbeat check for swelling or anything. A PA came in twice to ask questions but also never touched his body. The nurse only came in for me to sign discharge paper for him to be transported to another hospital. My problem is he is a complicated case and we were there 5 hours with almost nothing being done something fatal could have happened

Also the PA told us that his digoxin level was low and he might have a clot where his stent is which wasn't true i asked the other dr at the hospital we were taken to and he said that information was not right only if the level was high would it have caused a clot. my son has had 4 open heart surgeries and about 10 cardiac catherazations he was scared the pa said this right in front of him he didnt want any more procedures happening it was the worst treatment we have ever received. he did not receive anything for pain or even a drink of water when i talk to the ER management they swear up and down that he was examined and the patient or the 4 people there never saw any doctor in his room.

Attorney Answers 2


There is no way in the world any experienced medical malpractice attorney can give you a yes or no "is this malpractice" answer based on a brief online posting and summary answer, even on a great legal site like AVVO.

The short summary answer is that the medical malpractice law comes right out and states that medical malpractice requires more than simply an unfortunate medical result. Professional medical liability is based on proof that the care that was given fell below the average standard of care, and that damages resulted as a result of that substandard care.

A determination is more a medical decision than a legal determination and malpractice attorneys work with medical experts to screen the facts and records in any given case prior to determining if any case merits going forward.

If you believe that there may be a case, please make an appointment with an experienced medical malpractice attorney in your jurisdiction for a confidential and no cost initial consultation.

I truly wish you the best.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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We get this question all the time: "Do I have a case?" The short answer is always going to be that no one can tell you whether you have a case without a detailed interview and a detailed review of the medical records. However, one thing jumps to the forefront with your post: Did your son suffer any injury because of what you perceive as a delay in transferring him? If not, then the answer is you probably don't have a case. In order to have a viable medical malpractice case, a medical care provider has to have breached the applicable standard of care and that breach has to have caused injury. You need a breach, causation and injury. In your case, I don't know whether there has been a breach or not, but from your description there doesn't appear to be any injury.

If there has been injury, you should contact an experienced medical malpractice attorney in Florida. Good luck.

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