Legal Question in Medical Malpractice in California

10 day delay/misdiagnosis of appendicitis

I visited the emergency room with severe abdominal pain. After having an unltrasound performed, the Doctor said it was most likely an ovarian cyst that had burst, and that I should go home and rest as the pain would eventually subside as the fluid was absorbed into my body. The doctor did mention that my appendix might be inflammed, but it was difficult to tell as it might be the collapsed cyst that was making the appendix appear larger than usual. After one week of still having abdominal pain, I visited my OB/GYN who viewed the ultrasound and felt it was more likely my appendix versus a collapsed cyst. Upon my return to the hospital emergency room, they finally performed a CT scan (something I wanted them to do ton the first visit) and could positively see that it was my appendix. I immediately went into surgery, and as a complication of having a burst appendix and subsequent infection spread throughout my abdomen, the doctor had to remove 12 inches of my colon during the same surgery. Do I have a basis for a malpractice case? Especailly since the original doctor did mention my appendix but declined my request for a CT scan?


Asked on 12/28/07, 6:31 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: 10 day delay/misdiagnosis of appendicitis

Yes. Call me if you want us to work up the file and consider taking the case.

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Answered on 1/01/08, 1:36 pm
Clayton Lee Russakow, Ryan & Johnson

Re: 10 day delay/misdiagnosis of appendicitis

I can tell you from prior experience that CT scans are rarely standard diagnostic tools in the ER setting. However, I'm just a lawyer, not a doctor, so what do I know? You need to consult a personal injury attorney (I can refer you) who can request your medical records and have them looked at by an expert in emergency medicine. That expert will be able to provide an opinion on whether the ER doctor breached the applicable standard of care. Make sure whatever personal injury attorney you select is aware of Cal. Health & Safety Code Section 1799.110(c), which severely limits your choice of expert witnesses. Good luck.

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Answered on 12/31/07, 5:18 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: 10 day delay/misdiagnosis of appendicitis

I agree with Mr Lee;s excellent, and thorough answer.

While your suffering is unfortunate, most ER doctors do not have the time, nor the necessary machinery available to conduct CT scans or MRI's at every opportunity. There is neither the time, nor the money, nor the necessity of doing this. (And I am aware of your problem, since I am bound to a wheelchair because of a doctor's extremely incompetent error, which still probably didn't amount to malpractice).

Follow Mr. Lee;s advice!

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Answered on 12/31/07, 6:57 pm


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