Legal Question in Medical Malpractice in California
Failure to diagnos
In June of this year my fiance and I were hit head on by a drunk driver. We were admitted to the local county hospital by ambulance we stayed for six days there. I complained of terrible pain from my lower back the entire stay.
In addition to my injuries I am also a Type 1 diabetic. My fourth day in the hospital I was transferred from acute to ICU as my blood sugars were out of control thus I went into ketoasidosys.
The first normal blood sugar the hospital received they informed us they were discharging us. My only diagnosis from the accident was seven fractures in my left foot, I informed the discharge planner I still had a catheter in and was unable to walk due to the pain from my lower back. She arrainged for a taxi to take us home and called our local fire department to carry me in the house on a stretcher. After four days at home an ambulance was called and after x-rays at our hospital of my lower back I was found to have a ruptured disc and a transverse fracture of L4
and a compressed fracture of L5 vertebrae both unstable back fractures. I turns out the first hospital never xrayed my lower back only my pelvis on admission although even the police report mentions my complaint of lower back pain and left foot pain.
2 Answers from Attorneys
Re: Failure to diagnos
Sounds like an interesting case. What did the paramedic report say? What did the admittance chart say? What were they treating you for, if not the back pain. Were your complaints of lower back pain charted in your chart? How did you finally find out about your back injury? Did the person who hit you have insurance? If so, have they contacted you and what is the policy limit??? Have you ever had back problems in the past?
These questions, as well as a review of your medical records will need to be completed in order to fully evaluate your case.
Please feel free to contact me via e-mail or at (661) 260-1149 to further discuss your case.
Re: Failure to diagnos
You should hope that the adverse driver has a large insurance liability policy. If not, and you have Uninsured motorist coverage, your own automobile insurance should cover your damages. You could pursue a medical malpractice case, however those are much more difficult, lengthy, expensive, and doctors win 90% of the time. You can obtain compensation for all damages that are a direct result of the automobile accident caused by the drunk driver from his automobile liability insurance company, and if he is uninsured, then from your own insurance company. It is a much more easy route to pursue, quicker, and more likely of success. If you want to make a point of addressing the medical mis-diagnosis, you can, however you are looking at a long and difficult lawsuit. Please call me at (916) 721-3324 if you have more questions.
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