Legal Question in Medical Malpractice in California

can we file an arbitration against kaiser ' s misdiagnlsis? I rushed my husband to the e.r. coz we just came from a party where he drank a couple of beers and a lemonade before goin home. he started vommitting and bad abdominal pain and skin was very cold. after 5 mins. in the e.r. they got his ekg and they suddenly panicked and a dr. came in to tell us he's having a heart attack. they insisted he rake the chest pain meds even if my husband tried to decline coz again he wasnt having any chest pains.before, during and after the diagnosis we been telling them his history which was 6 yrs ago is pancreatitis. he is very active and he's 29 yrs old. never had chest pains nor a history of heart attack even with his family members. but they wouldn't listen. he was transferred to another hospital for an angiogram by a cardio surgeon. after ran hour we were informed he wasn't having a heart attack but pancreatitis. after couple of hrs. we were discharged. only for me to rush him again to the same e.r. for the same symptoms (abdominal pain etc). they already knew him coz of wrong diagnosis.. do we have a case?


Asked on 8/28/14, 9:26 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You can always file a suit or arbitration, as controlled by your patient rights agreement. But only if you are timely, and if you have a medical 'expert' opinion that there was provable malpractice that caused compensable injury and damages. Your opinion and mine are irrelevant. If you have those things, or can get them, feel free to contact me to discuss your facts, damages, rights and remedies.

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Answered on 8/29/14, 2:51 pm


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