Legal Question in Medical Malpractice in New York

Misdiagnosis of MRSA

I thought it was a zit or a bug or spider bite on my chin. Made appt to see dermatologist b/c it was getting bigger and painful. By morning, I could barely move my jaw. Saw derm. He said it was an absess ''no big deal'', prescribed an Rx, swabbed the area to test for staph but said that wasn't it. He just ran the cotton swab over the area, no open area. I filled rx immediately. Progressively spread, more painful. Kept calling derm. Said I was over reacting, take tylenol or go to the emergency room & have someone look at me there. Finally got him to give me a pain killer, which was a mild pain killer, which did nothing. Kept calling. He wouldn't call back. Called another doc b/c delirium was setting in. She saw me asap. Said Mrsa, opened it a little & swabbed. Checked me into hospital, where I was for a week. First doc's test results came back negative for MRSA. How is that possible if that is what I was in the hospital for for a week? What are my options regarding first doc's negligent behavior? I could have died b/c of his misdiagnosis. Not ok. Thank you for your time.


Asked on 4/15/09, 12:50 pm

2 Answers from Attorneys

Re: Misdiagnosis of MRSA

From your narrative I presume you contracted a staph infection which went undiagnosed by the first doctor. Luckily, you were properly diagnosed and accordingly treated before disaster struck. Various questions here, but even if all liability issues fall into place, we must wonder whether the severity of the infection would have required a period of hospitalization even if caught early? The claim merits discussion with a lawyers. Best, M. E. Zuller

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Answered on 4/15/09, 1:04 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Misdiagnosis of MRSA

You seem to have a misdiagnosis medical malpractice claim. However, I have a few questions regarding your current condition. In medical malpractice cases we have to prove that the doctor deviated from the standard of care. He may or may not have in the limited facts that you provided to me. Next, generally, when contemplating whether a medical malpractice case exists we have to quantify what your damages. What is your current physical condition as a result of the alleged misdiagnosis. Call me, Pasquale Calcagno, Esq., for a free consultation so we can discuss this issue at 1(800)WE-FIGHT or visit us on the web at www.1800wefight.com.

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Answered on 4/15/09, 3:15 pm


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