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Is there an attorney or firm interested in a strong medical malpractice case for failing to diagnose and treat?

Boston, MA |

Patient was sick with several issues suggestive of immune compromise, and was told by doctor in ER that it looked like HIV and was told they wanted/needed to test for HIV. Consent form was signed and witnessed, and the test was never performed and patient was discharged later after being told that "all tests look great." Will provide more detail if interested.

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Attorney answers 4

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Posted

Based on your post we don't know the following important facts: 1) did the patient ultimately get tested for HIV; 2) If so when and what were the results and 3) did the delay in his/her being tested affect the patients ability to be successfully treated. These questions are critical and I would be happy to discuss the case with you further. You can also use AVVO's "find a lawyer" option to find lawyers handling medical malapractice cases in your area.

Asker

Posted

Was finallly tested 2 1/2 years later after getting very sick with severe neuro-cognitive problems. Was Positive with a CD4 of 9 and viral load over 100,000, and was told at one point that had pt been treated at time the sequelae was almost guaranteed to have not occurred. There is a negative neuro-cognitive report from Beth Israel.

Posted

The way to obtain a lawyer on Avvo is to search Avvo's "find a lawyer" for med mal lawyers, and call a few until a lawyer is willing to investigate your claim and order all your medical records and bills, and send to an expert who will ascertain whether there was a breach of the standard of care. Good luck to you.

The answer does not create an attorney/client relationship and is for informational purposes only.

Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
http://www.InjuryLawyerPhiladelphia.com

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Posted

I am reading between the lines of your post. You seem to be alleging that you in fact had HIV, but it wasn't diagnosed because the doctor failed to test for it. Whether that could be the basis for a case depends on the consequences. If the diagnosis was made in a reasonable time thereafter and you were successfully treated despite the delay, it's not a strong case because the damages are not substantial. If you suffered severe consequences because of the delay, it might be a strong case. By all means call some medical malpractice lawyers and ask their opinion. Such calls are generally free. Just don't start off by telling them that you have a strong case. Tell them the facts, answer their questions and let them come to their own conclusions.

Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

Posted

If the patient in fact had HIV, the only potential case would be if it could be proven that any delay in the eventual diagnosis caused damages. In the case of HIV, one possibility would be if the patient ended up infecting another person between the time that the testing was to be performed and the time of the eventual diganosis, although such a claim would likely be brought by the person infected. It is difficult to tell from the information given if there were any damages.

Asker

Posted

There was resulting severe neurocognitive deficits, and loss of employment. Infectious disease doc went so far as to say if treatment had been begun years prior that the outcome would almost definitely not have occurred. It is unknown if another was infected, but the patient (me) nearly died. The doc in the ER that night said it was highly suggestive of HIV and told me he wanted to test me, and I signed consent. 2 1/2 years later when they finally tested me and I was very sick, they did not get a consent form signed.

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