Legal Question in Medical Malpractice in Pennsylvania

On 6/13/09 I went to the ER for abdominal pain. After 3 xrays and some blood work I was diagnosed with intestinal flu. I left the hospital in as much pain as I came in. i was told that there was no real cure for abdominal flu and i would basically have to suffer through it. The next day I was in more pain and since it was a sunday I called back to the hospital ER. The Trama nurse I saw the day earlier and she said if I didn't have any other symptoms that there realy wasn't anything they could do for me. Well to make a long story short my appendix ruputured but was sealed with an absesce which sealed my appendix from releasing any more toxins so I thought I was ok on monday cause I had no pain. I followed up with my general Doc 5 days from my ER visit. I had more blood work and was asked if I had a CT when I was in the er. I said no so he sent me to another hospit where I had a CT done and the found out that my appendix did indeed rupture and I was admitted to the hopit for 8 day of extensive treatment to heal the absess and I had a drain put in that i had to have for 4 week. it was taken out then I had to wait 4 more weeks for my body to settle then finally on 8/21/09 I had a laparscopic appendectomy. after surgery i got a bacteral infection and had my incision reopened 4 times. i am still suffering from the infection. All of this could have been prevented at the ER if I had a CT scan instead of a traditional Xray because I did not have the common appentisitis symptoms. Do you think I have a case for medical malpractice? How long does it take to find a lawyer cause I called 3 but no one has called me back.

Thanks for you assistance.


Asked on 10/16/09, 6:34 pm

2 Answers from Attorneys

Jerry Meyers Meyers Evans & Associates, LLC

You should consult a malpractice lawyer in Erie or Meadville or Pittsburgh. You shouldn't assume the the delay in treatment resulted from malpractice. Some presaentations of appendicitis are atypical. A ct scan is not required for every instance of abdominal pain. Whether your case has any merit depends on the particular facts of your presentation. Good luck.

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Answered on 10/21/09, 7:13 pm
Arthur Newmark Arthur Newmark, M.D.. Esq

I am a doctor/lawyer practicing medical malpractice law.

In general,I try to get back to people who call with potential cases within 24 hours. In many cases,

I can be reached and will render an opinion as to whether I see a potential case with the first phone call.

If one, two, or three attorneys have not called you back, you should feel free to call others.

One of your questions in selecting an attorney will be whether you can have your questions answered in a timely manner.

As far as the particular facts you have discussed, I'm in basic agreement with Jerry Meyers'

answer above. You will find any number of competent medical malpractice attorneys in the Pittsburgh area. You should call them until you choose one who will take your case, or satisfy yourself that you have exhausted your search.

I add that a classmate of mine in medical school, suffered a similar story. He had severe abdominal pain which suddenly got better. He was fortunate that he spoke to his sister who is a doctor who recognized the "classic story" of the pain of appendicitis suddenly improving when the appendix ruptures.

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Answered on 10/21/09, 9:03 pm


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