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How do I know if I have a case with an abcessed perforated appendix and being sent home told it was not life threatening?

Wilkes Barre, PA |

I was sent home from the general hospital 8/13/12 and then again 8/26/12 being told it was air in my diaphragm, and being told it was not severe enough to worry about, 8/28/12 I was taken by ambulance to the giesinger hospital, they said I had an abcessed encapulated perforation of the appendix going into my bowel, I was on the verge of sepsis, or peritinitis, I was so sick and couldn't move and when you go to an er they should be able to tell you what is wrong with you, I am so disgusted by all of this , I haven't been able to stop thinking about this and am very traumaed by the whole thing, is there anything I can do legally so this doesn't happen to someone else? I could have very well died, and Dr Adolphine and Dr Kiser told me it was the worst they have ever seen, I need help, thanks

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Attorney answers 3


I am very sorry to hear about your complications. The first step is to discuss the fact with you in detail and then to obtain and review your ER and Medical records. If the ER Doctor failed to order the correct test based upon your signs and symptoms,then you may have an excellent medical malpractice case. Please feel free to call me at 215-887-0200 if you would like me to review this matter for you.


There are 3 essential elements to any medical malpractice case in PA.

1. Negligence (deviation from the acceptable standard of care). In your case, you would need to have a ER Doc testify that based upon your symptoms, the hospital and Doctor deviated from the acceptable standard of care by not performing additional tests based upon your signs and symptoms upon admission. Without knowing your signs and symptoms, it would be impossible for anyone to state unequivocally that you have a lawsuit, but you may. It is quite possible that they improperly diagnosed your condition.

2. Causation. You will have to prove the negligence alleged CAUSED your harm.

3. Damages. Third, you need to show you were harmed (i.e. lost wages, medical bills, disfigurement, or pain and suffering.)

You may be able to prove each of these elements. However, most attorneys will shy away from cases unless there is a chance of substantial monetary recovery. You should more fully explore this. But be prepared, lawyers you speak with are going to be asking: "how were you harmed?"

hope this helps

This response is written for entertainment purposes only. It should not be relied upon for legal advice, and in no way does this answer create an attorney/client relationship. We only represent individual(s) once there is a signed representation and fee agreement in place. Please visit our website to read our full disclaimer.


Unfortunately, there is no cause of action in PA on the basis that you almost died. You may have a cause of action, however for medical malpractice based upon a failure to properly or timely diagnose your condition. Your damages in such a claim will be any pain and suffering that you endured as a direct result of the misdiagnosis or delayed diagnosis, such as any additional surgery or hospitalization you were forced to undergo. If the treatment that you underwent after you were properly diagnosed was the same treatment you would have had to undergo had you been diagnosed correctly the first time, then you would not have any cognizable damages.

I would be happy to speak with you in more detail about your situation, if you would like. Feel free to contact me directly - our office has many years of experience in handling complex medical malpractice cases.

Michael J. Davey, Esq.
Eckell Sparks Law Firm

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