I am licensed in Nevada, but this answer should apply in Arkansas as well.
It sounds like you are wondering if you have a case against your primary care physician.
Typically, you'll need an expert in the form of another physician to testify that 1) your primary care physician's failure to diagnose your kidney stones and/or timely refer you to a specialist was an act or omission below the medical standard of care for physicians in the same or similar circumstances and 2) that you were damaged as a result of the failure to diagnose and/or refer.
I advise you to seek the assistance of an experienced medical malpractice attorney to discuss your concerns.
Hope this helps.
/s Donald Kudler
Personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
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.
In a medical malpractice case, the patient has the burden of proving that the defendant physician breached the standard of care, and that breach caused him to suffer substantial damages that they would not have otherwise suffered. Whenever a delay in treatment occurs, the key issue is whether the delay was reasonable and/or a judgment call and if not, whether the delay caused the patient to suffer damages they would not have otherwise suffered with timely medical intervention or care. These cases are common in the setting of a delay in diagnosing cancer
The best way to get a quick answer to your question is to ask your subsequent treating nephrologist (kidney doctor) if the 5 month delay caused the current issues with your kidney. If the answer is yes, that it is more probabale than not that the delay did cause you to suffer permanent kidney damage, then you should contact a local experienced medical malpractice attorney.
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