I was admitted to the ER at 36 weeks pregnant because of abdominal pain. The nurses looked at the baby and said nothing was wrong, so they put me on fluids, which made me vomit twice. They never told the doctor about me vomiting, when he came in he did not examine me, he simply said, everything was fine. When I told him about me vomiting he was surprised (because the nurses had not told him) and said "well maybe it is a gastric problem." He then told me it was gas and discharged me. I had to go to a different hospital because I was still in pain, and they finally removed a very large, twisted, blood clot filled ovary , and also had to deliver the baby.
Medical malpractice claims are very hard to evaluate over the Internet. You need to have a compete consultation with a lawyer in your area to discuss all the facts. These types of cases are difficult and complicated to pursue. You will need to get with a lawyer ASAP for a proper evaluation.
At this point, there is no way to tell. You need to consult with a qualified personal injury attorney experienced in medical malpractice law. Preferably, you need to consult with an attorney who is board certified in personal injury trial law and who is AV-Rated by Martindale-Hubbell, the highest rating for legal ability and ethical conduct. I would note that the fact the medical negligence may have occurred in the ER may significantly affect the viability of the case. Because of tort reform, the standard applied to the ER physician involved in your case to determine liability may not be simple negligence. Instead, you may have to prove that the offending conduct was done wilfully and wantonly, which is a much higher standard. There are several things that the attorney that you consult with will probably want to know in order to better evaluate your case. First, they will want to know if you suffered any permanent injuries as a result of the negligence you complain about. Second, they will probably want to know if your child suffered any injuries, or within a reasonable degree of medical probability will suffer health problems in the future as a result of the premature delivery. (Just for peace of mind, you may want to consult with a qualified physician to rule this out regardless). I would note that there are time deadlines, called statutes of limitation, in which you and/or your child must file suit or the claims will be forever barred. The statute of limitations in a medical a malpractice case is like no other that I can think of when it comes to personal injury actions. There are significant protections installed that are in favor of the healthcare provider so you need to consult with a qualified attorney immediately so you or your child do not lose their right to sue. It is true that the statute of limitations for a person 18 years or older in a case involving an identifiable date of negligence is 2 years from the date of negligence. However, other standards apply depending on the facts of your case. With regards to any claim by your child, it should be noted that the medical malpractice statute provides, with regards to minors, that “minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the [healthcare liability] claim.” At least one Texas court has held that this provision violates the Open Courts provision of the Texas Constitution, meaning a minor would have until their 20th birthday to file suit. Nevertheless, you shouldn't rely on this to delay looking into your child's case. Remember, such case law could change and/or be disagreed with. There is currently a way to extend the statute of limitations in medical negligence cases by an additional 75 days but you must comply with certain requirements. The bottom line is that I recommend you call a qualified attorney immediately. I would be happy to consult with you; however, I will be out of the office tomorrow at a deposition and Monday morning at a hearing. If you feel that you can wait until then, you are more than welcome to call my assistant, Melody, at 940.891.0003 and set up a free phone consultation with me for Monday afternoon. Brian T. Cartwright . Board Certified, Personal Injury Trial Law. AV-Rated, Martindale-Hubbell.
it sounds like that they were pretty indifferent but not sure that it arises to
the level of malpractice. the reason is that although they may have
misdiagnosed you, damages may be a problem. but to be sure, you need to contact
a local malpractice attorney in that laws vary greatly from state to state.
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