I just want to know do I have to get a lawyer?

There are many issues here, and the answer to your question depends on how they all resolve themselves. The short answer is maybe, but hopefully not. That is, you may have to get a lawyer, but hopefully, for your sake you don't. It depends on your damages and on whether your injury was caused by the doctor's failure to diagnose your infection. It also depends on your age. If you're still of child-bearing age and you lose your "lady parts" as a result of the doctor's failure to timely diagnose and treat the infection, you probably have a case. If not, then you probably don't.

See what your doctor says on 6/24/09, and then get a second opinion. If your doctor recommends surgery, tell him you're nervous and would like to get a second opinion. Then ask him for a complete copy of your medical chart, including all diagnostic test results (including sonograms, if you've had any), so you can show them to the second opinion doctor. If he gives you some double talk about only sending the records directly to the other doctor, get strong with him and tell him they're your records and you have an absolute right to a copy of them. DON'T MENTION LEGAL ACTION OR LAW OR YOU'LL JUST SCARE HIM OFF. Just maintain that you have the right to the records. They're your records. Maybe you can tell him something like you have a cousin who practices medicine in another state or something, and she's going to recommend someone to you, and you'd like to e-mail the records to her.

If you like, you may contact me and I can recommend an attorney in the Detroit area who can possibly recommend an OB/GYN who can provide the second opinion and/or review the records to see if there's a case there. Hang in there. You have time on your side.

I am not licensed in MI and can offer you only general advice. Medical malpractice is regulated by statute in most states. There are often hoops that you have to jump through in order to insure your right to file suit. All of the states require that your case be supported by medical expert testimony in order to establish that there was a breach of the standard of care. That is an expensive burden. A lawyer who is willing to take your case will front those expenses until a recovery can be obtained.

Often the burden of proving that care fell below standard is higher for an Emergency medicine case. Whether you are able to pursue a claim may depend in large part on the recommendations you were given by the ER providers. It will be very difficult, in my opinion to meet your burden as a claimant if the ER doctor gave you written instructions to follow up with a provider as soon as possible. It is probably not the ER doctor's deviation if you were unable to get in to see a provider more rapidly.

However, you should talk to a local lawyer right away.

Betsey Herd
Tampa, Florida