Legal Question in Medical Malpractice in California

On Jan 19, 2010-I was rushed to the hospital complaing of chest pains, upper back pain, rapid heart rate, and 'not feeling right'. I was immediately put onto a EKG, had blood drawn for testing.

Upon ending of the blood and EKG, I was told my potassium was low and there were a couple of 'minor blips' on the EKG, and they felt I was having a panic attack. I was given a glass of apple juice with potassium added, and a 'calming' medication and sent home. I repeatedly told the Dr. I was not having a panic attack, as I knew the difference. Upon leaving, I continued to tell my ride that I 'didn't feel right' and my chest still hurt.

Two days later, the exact symptoms came back only more severe and I was by this time coughing up blood. I rushed myself to the ER believing I had pneumonia-based on the previous trip to the ER and no Xrays being performed. This time, and xray and then a CT scan was ordered (CT scan was after the xray showed no pneumonia, but there was as 'shadow' of something.

I was soon admitted to the hospital being diganosed with a pulminary embolism (blood clot) in my right lung. Was also told how close I had come to dying. I spent 5 days in the hospital undergoing blood thinning medications, and at a great expense as I had no insurance (I have the states insurance now).

Do I have a medical mal-practice suit based upon the first ER doctors lack of not listening to my complaints and not calling for an Xray or CT scan?


Asked on 3/02/10, 1:49 pm

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

You may have a case, but to be frank what are your damages for the 1st failure to diagnose. Had the doctor caught the problem during the 1st visit you would have basically probably had the same problem.

So what you are dealing with is a failure to diagnose for 2 days. There was malpractice here, but I do not see where you have much if any damages.

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Answered on 3/09/10, 3:15 am


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