My mechanic husband complained of hand pain after a rough Friday at work. It was slightly swollen around his wrist. By Sunday, his whole had become very swollen, and was warm and pinkish in color. Went to urgent care, concerned that it could be infection (had similar symptoms a few years ago, other hand, diagnosed with cellulitis). Gave all medical history to clinic, both written and verbal, including med hx of CLL, with compromised immunity. Xrays showed nothing broken. Doc verbally "guaranteed" no infection, splinted and wrapped wrist and forearm, and sent us on our way. I called his PCP to make follow-up appointment. He saw doc on Tuesday afternoon, and discovered he did have major staph infection-cellulitis. Major misdiagnosis!
Anyone can sue anyone over anything. The question is what would the damages be. Talk with an attorney if you wish to pursue this. good Luck,
Ms. Nepton is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Ms. Nepton strongly advises the questioner to confer with an attorney in order to ensure proper advice is received.
Your recitation does suggest a misdiagnosis so a key element of a medical malpractice claim has been likely satisfied. However, consequent damages is another necessary element of a viable medical malpractice claim. If your husband's injuries ,as a result of the delay in diagnosis, are substantial and likely permanent, consult local counsel for further clarity.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
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