Legal Question in Medical Malpractice in Pennsylvania

ER error

I went to ER for severe abdominal pain and non stop vomiting. The ER did blood tests for various conditions which all were negative. They also did an x-ray of my abdomen. I was then told my x-ray was normal and sent home with a diagnosis of an intestinal virus. My symptoms never went away, in fact worsened. I then returned back to ER 24 hours later and was told I had a bowel obstruction. I questioned how they would know this as I had just returned to the ER and no additional tests had been done. The DR on duty stated that the bowel obstruction was detected on the X-ray from the previous day. I was then admittd and made to wait 2 more days before they would do any further tests. (they stated these things usually went away on their own) They finally did a CT scan and I was taken immediately for surgery to remove multiple bands of adhesions from prior abdominal surgeries which were choking my bowel in mulitple areas. Although I am recovering do I have any recourse for the misdiagnosis which could have resulted in serious consequences had I not gone back to the ER. Any recourse for the extra pain and suffering I endured do to their refusal to do further testing?


Asked on 1/12/08, 9:40 pm

1 Answer from Attorneys
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: ER error

> recourse for the misdiagnosis which could have resulted in serious consequences

There is NO malpractice case without ACTUAL damages. You cannot sue for what MIGHT HAVE happened, only what DID happen.

The following reference may be usefull regarding a �good� malpractice case: http://lectlaw.com/files/med32.htm

> Any recourse for the extra pain and suffering I endured due to their refusal to do further testing?

Juries are unlikely to award a large dollar amount for 2 - 3 days of unnecessary pain.

(Even then, a judge could disallow the jury verdict if it seems too big.)

I, personally, would not invest 10's of thousands of dollars bring this case to court.

Most medical malpractice attorneys will give you a free verbal opinion as to whether they are interested in your case. I therefore encourage you contact malpractice attorney through the Yellow Pages to see if any are interested in your case.

If you decide will not be bringing a malpractice case, you might express your concerns about misdiagnosis or mistreatment with the patient representative at the hospital.

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Answered on 1/13/08, 3:55 pm


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