ran 103 temp for several days extreme pain in left shoulder bad produtive chough went to er dr said he had flu thinks everyone else does also gave me shot of pain meds sent me home next day went to my primary care dr. his nurse pulle up x-rays and labs from hospital night before he claimed it was just to much to look at I just needed to quit smoking cig. and go home in a loud tone he made me cry still running a fever and in pain next day i had someone take me to another er where i was x-rayed and blood drawn and told if i had went to bed that night i would have died i had by-lateral phneimonia, left lung collapsed, and congested heart failure. I went to a room started on iv meds breathing treatments heart montering and meds by mouth was in hospital for one week i have permanent damage
I am sorry to hear about your unpleasant experience. Wether you have a potential medical malpractice case will depend on a detailed review of the records from both hospitals. However, baed on the facts you provided, it would seem that this may be a diffucult case to pursue for two reasons. First, you would need to prove that the delay in diagnosis, assuming there was negligence, resulted in a different outcome - that is called "legal causation." Second, even if you needed more intensive treatment that may have resulted in more medical expenses, your damages may not be sufficient to warrant pursuing this case given the limited damages. Medical malpractice is complicated and expensive which means that the vast majority of medical malpractice lawyers only accept cases with sufficient damages to make it worth their time and investment. Regardless, you should consult a medical malpractice attorney immediately should you wish to find out if your particular case is worth pursuing.
All cases are unique and require a thorough legal analysis before a reliable legal opinion can be provided. Thus, responses to any inquiries are general as to the nature of the case and do not necessarily represent the best course of action for your particular circumstances. For a thorough evaluation of your particular matter, call and make an appointment with a attorney. NOTE: NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED AS A RESULT OF ANY RESPONSES I PROVIDE TO AVVO INQUIRIES.
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6 lawyers agree
Medical Malpractice Attorney
It is difficult to tell from your question, what type of permanent damage you believe was caused by the 2 day delay. Usually bilateral pneumonia is not something that causes permanent damages. If you think you have permanent damage, and it was caused by a healthcare provider, you are free to consult with a local medical malpractice attorney. That attorney will be able to order and review your records and give you a more definitive answer.
3 lawyers agree
Personal Injury Lawyer
It sounds like the damages caused by the misdiagnosis (as opposed to the underlying medical issues) are far too small to justify a medical malpractice case.
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