Legal Question in Medical Malpractice in California
Stroke misdiagnosed as migraine- do I have a case?
On 11/9, I suffered from a seizure, and passed out. I woke up with ''the worst headache I have ever had in my life'' (thunderclap headache.) I was taken to the ER, where they performed a CT scan. An abnormality was found on the CT scan, and I was admitted to the hospital, where I remained for 4 days. My symptoms included intense pain and feeling of pressure in my head, left-sided weakness, and dementia. On day 2, a follow-up CT was performed, which also showed an ''abnormality.'' The nurses informed my family and I that I had suffered a stroke. On day 3, I was given a MRI. The doctor who came in to discuss the results told my family that the MRI was ''fine,'' that the abnormality was ''nothing'' and was the equivalent of a ''wart on my brain,'' and said that the nurses had been reprimanded for telling us that I had suffered a stroke- according to that doctor, I was suffering from a migraine. On day 4, my family checked me out of the hospital, my condition still unresolved. I am still suffering debilitating symptoms. Today, I looked up my symptoms online, and found a picture that exactly matched my abnormal CT's- the condition was a form of stroke called Cerebral venous sinus thrombosis. Does this misdiagnosis qualify as malpractice?
1 Answer from Attorneys
Re: Stroke misdiagnosed as migraine- do I have a case?
I am not a physician but have quite a bit of lawyer type acquired knowledge about that problem. If I were you, I would get my films--all of them and get in touch with someone at the UCSF stroke center or Stanford or UCD stroke center--depending on where you live. All of these centers have experts who work in the field and will explain to you what the true diagnosis is and what acceptable treatment should be. Before you can be concerned with malpractice, I would urge you to find out what exactly the cause of your problem was and probably still is--and get it treated!
It is hard to know if this is or is not a viable malpractice case with the little we know. If you do have CVT and did have a stroke, the case may depend upon many factors including how soon you were hospitalized and where, whether you were bleeding or were at risk for bleeding, what the treatment was that you received--e.g. did you receive coumadin, heparin, thrombolytics, etc.
Fyi, you have one year from the date you first suspected malpractice to file suit and if you do not, your rights will be lost. If your problem was malpracticed on 11/9/08, you most likely will need to file suit on or before 11/9/09. If it is Kaiser, you need to demand arbitration by that date and tender the arbitration fee.
Good luck and all the best. Scott Righthand:
ps address has changed
465 California Street Suite 300
San Francisco, CA 94104
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