Legal Question in Medical Malpractice in California
Misdiagnosis
My wife experienced stomach pains for a two month period. Her doctor could not find anything wrong blood test, altra sound and xrays from the ER were unremarkable. The doctor prescribed medication for indigestion and gas. After two months my wife collasp and was taken to a local hospital by ambulance. Her doctor consulted the ER surgeon, and after reviewing a exray he immediately preformed surgery for what appeared to be a blockage.
The surgeon was very upset that the xray techs mis read the film and she was not treated for at least three weeks. Does my wife have any issue of malpractice or misdiagnosis on the xray techs?
5 Answers from Attorneys
Re: Misdiagnosis
Yes you have a case. The question is, what additional damages were suffered due to the misreading. As cases against doctors are so expensive and difficult, most attorneys must have a case with significant damages to make it feasible to prosecute the case.
Additionally, you must have a professional testify that the misreading of the radiograph was "below the standard of care"
Joel
Re: Misdiagnosis
Your wife MAY have a case. However, without reviewing her records it will be virtually impossible to say so. You may contact me for an evaluation, if you'd like.
Sincerely,
Armen Tashjian
Re: Misdiagnosis
If there was no permanent injury that the delay caused, I'm not sure an attorney would want to handle this matter. Nevertheless, you might consider bringing the matter to the attention of the x-ray reader's superiors.
Re: Misdiagnosis
You have an 'issue', yes. Whether you have grounds for a suit depends entirely upon expert doctors' willingness to testify that the prior care was negligent, and that the negligence caused damage such as the surgery that otherwise would have been unnecessary.
Re: Misdiagnosis
X-rays are never "read" by "techs." They are (or should be) always interpreted by licensed physicians who are responsible for using the degree of care that a reasonable physician in your area would use. Sometimes hospitals or insurance companies have the X-rays read remotely by doctors in foreign countries (such as India). It is possible you might have a case of interest to an attorney, depending on your damages which would include the extra pain and suffering endured. It would also depend on whether you signed or are otherwise subject to an "arbitration" agreement. If you decide to pursue this, remember that you have a limited time within which to do so. Good luck.