Legal Question in Medical Malpractice in Pennsylvania

Is this med malpractice what can I do

went to hospital for stiff neck & sore throat dr ordered strep test it came back neg. dr ordered spinal tap dr worked for approx 30 to 45 min without getting any spinal fluids while i screamed in pain nurse told me i could tell him to stop so i did dr got smart with me and tried forcing me to have it done i refused so he said he was discharging me then he sent nurse in with release form for spinal tap after i had already had it done I lodged a complaint with nurse and head nurse all i recieved was a big bill and a letter from administraor saying he was sorry


Asked on 1/29/04, 1:25 pm

1 Answer from Attorneys
Jerry Meyers Meyers Evans & Associates, LLC

Re: Is this med malpractice what can I do

Though the conduct you describe is clearly improper you do not describe having sufferred any enduring injury. In such circumstances given the burdens of Penna law the pursuit of such a claim can be very impractical. What you describe, if proven could result in the award of punitive dfamages. Unfortunately, I have concern that the proof of your claim would be difficult since you have the burden of proof and would be depending upon hospital personel honestly describing the incident in their records and testimony. You have a right to bring a claim but may have difficulty finding representation because of the issues raised above.

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Answered on 1/30/04, 10:26 am


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