Legal Question in Medical Malpractice in Alabama

Failure to diagnose

With severe abdominal pain I went to an internal medecine specialist for treatment. After a full physical exam with chest and abdominal x-rays, blood and urine work I was told I had a prostrate problem. I was given antibotics for 10 days, sent home and told to return in 2 weeks for another urine test at which time I felt much better. Upon returning for the second urine test he said I was OK and that the prostate infection was gone. Apx two weeks later I again had severe abdominal pains again but this time much worse. I had a friend take me to the emergency room this time as I could not drive. After examination, X-rays and CT scan The ER physician diagnosed me with a ruptured colon and a white blood count over 20,000. He called in a surgon to verify his findings. Two hours later I was in emergency surgery to remove over a foot of my colon. I woke up with a major abdominal incision (9'') and a colostmy bag on my side. I have no insurance and am faced with another operation when I recover to reverse the colostmy. Total so far, over $30,000 with another operation to come. Help!


Asked on 11/09/03, 11:56 am

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Failure to diagnose

Did the doctor's failure to diagnose your condition cause you any damage? That is the question, i.e.: would you have had to have the surgery anyway? In Alabama, medical malpractice cases are probably the most difficult and expensive cases to file. You must have a similarly situation physician testify that your physician breached the standard of care for such physicians in the medical community. Further, you must have significant damages to warrant the expense of hiring the experts and proceeding through the litigation.

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Answered on 11/15/03, 10:20 am


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