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Can I sue an ER doc who refused to treat head injury I suffered day prior and insisted symptoms where due to drug overdose?

West Palm Beach, FL |

The doctor and the nurses on duty were all informed of the head injury I suffered the day prior due to a car accident and for which I had gone to the same ER to be checked out. I was told that if a number of symptoms developed to go back to the ER. The next day I began to experience pretty much all the symptoms listed in the paperwork they had given me upon discharge the day of the accident. However, when I arrive to the ER the next day, they claimed to not have access to my records and insisted my symptoms where due to drug overdose. My blood test was negative for drugs but they still took me off all my meds for my bipolar condition for 3 days even after my psychiatrist confirmed the meds. Its 7 months later and I am still suffering the consequences of this episode plus loss of wages.

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Attorney answers 5


You should only go to the ER for emergency medical treatment, and it is not a substitute for seeing your doctor the following day. A lawsuit would likely be fruitless, but please discuss with a local malpractice lawyer in your state.


A lawsuit would likely yield nada. If you were injured in the car accident due to the negligence of the other driver, that would be worth pursuing.


You do not specify what those consequences are. Depending on their severity you may be able to interest a medical malpractice attorney.


As the other attorneys have suggested, I would pursue the car accident claim, assuming it wasn't your fault. the malpractice claim doesn't sound very strong. You are always free to get your records and have a local malpractice attorney review.


It sounds like you cannot prove you were damaged significantly in the ER. So, there is not a good medical malpractice case. If you were hurt in the crash, and it was not your fault, you should see a lawyer.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website