Legal Question in Medical Malpractice in California
Delayed in treatment /diagnosis
I took my wife to the E.R. with severe abdominal pain, a diagnosis for Gallblader stone was given, she was given morphine, phernegan and a prescription for vicodin,
she was also advised to call another hospital to have gallstone removed, she was sent out the door in less than 45 minutes, because of the pain killers she slept 24 hours straight just to be woken up by the same pain, she took the vicodin and slept more, then she started getting chills and got really pale and cold, so I took her back to the E.R. as soon as we arrived at the door she fainted!, the security guard in charge helped me carry her inside, even know the place was packed, after the admiting nurse cheked my wife's vitals, she rushed her in!, She was dying of a big internal infection, that was not detected or properly diagnosed the first time I took her to the ER, she had to undergo surgery at very same hospital to remove a large hemangioma, the surgeon asked me why I had waited so long to bring her in, and how bad she was!, I toll him that she had been in the ER just a few days before, he just scratched his head and walked away!!, I believed this misdiagnosis or delay in treatment almost cost her life!
Does she have a misdiagnosis or malpractice case?,
3 Answers from Attorneys
Re: Delayed in treatment /diagnosis
So, you let her sleep for two days, after being told to get her treatment ASAP, and you think that doesn't have any effect on the validity of your case? If the original diagnosis was faulty, the next doctor could have found the real problem and properly treated it right away [as they ultimately did once you took her for treatment], thus avoiding the harm suffered from delay. Bottom line is that you must have a physician in that specialty willing to testify that the original doctor committed malpractice, and also testify that your delay didn't cause or enhance the harm to her. If you can find one willing to do all that, then you can file the case; it can't be filed without one. Pay attention to the statute of limitations on your claim.
Re: Delayed in treatment /diagnosis
I'm sorry this happened to your wife, and I hope she is recovering. She should call an attorney and have her medical records reviewed as soon as possible in order to determine whether the standard of care was indeed violated (as it would seem). Best of luck.
Re: Delayed in treatment /diagnosis
She very well may. Because of the laws that favor doctors and hospitals so much, my question would be what is her current condition from the delay in proper diagnosis?
WARNING: there are strict time deadlines to file suit against doctors and hospitals, generally 1 year, sometimes 6 months if it is a governmental agency (there is a claim requirement)
Joel
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