I went to the ER with pain, and was supposedly “assessed” and discharged from the ER in approximately 30 minutes. Upon getting my records, I learned they labeled me as “drug seeking”, and falsified my records (ie they put in their notes that I reported that I had previously had an MRI-which I have never had one because I have had a pacemaker for over 20 years, they also lied about my height, weight, and other things, and even though I reported that it had been previously diagnosed that I had a kidney stone in my left kidney, and I have cardiac issues, they didn’t do any diagnostic testing. I suffer in pain until finally a few weeks later I couldn’t take it anymore and went to a different hospital and was found to be in sepsis with what the doctors described as one of the biggest kidney stones they had ever seen obstructing my left ureter. Do I have a malpractice case? I suffered needlessly for weeks and ultimately could have died from sepsis. The records from the hospital that actually diagnosed me treated me correctly have it clearly documented that I was in sepsis upon admission to the ER.
You can certainly speak with an attorney who practices medical malpractice. You have a potential misdiagnosis case and while you may well have died if you didn’t seek additional care, the fact is that you did seek care and you did not die. The question will be what are the damages you suffered due to the original misdiagnosis and what is the value. Medical malpractice cases are expensive so damages generally need to be significant enough to warrant the expenditure of costs.
Contact a medical malpractice lawyer if you wish to pursue further.
You could have died from sepsis and you could have had a viable medical malpractice claim. Fortunately for you, you advocated for yourself and obtained another opinion and were able to get the proper care. And by doing so you may have saved your life but you may have killed a potential medical malpractice claim. Medical malpractice is predicated on actual injury not the potential for injury. To be sure, gather your medical record and consult local counsel for further clarity.
That sounds frightening.
Based on your post, liability appears strong, so you may have a legitimate medical malpractice claim. However, you must prove that the ER healthcare professional where you’ve been the first time was negligent in treating you as a patient. Therefore, I recommend you gather any evidence of the misdiagnosis, errors related to your medical records and of damages suffered because of the improper treatment (financial, or general, such as pain and suffering and emotional distress).
To know more about the best action to take, I strongly suggest you contact an attorney and personally discuss your situation.
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
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