Legal Question in Medical Malpractice in Pennsylvania

Unneccesary Medical Procedures

I was admitted to the hospital in 1999, as a perfectly healthy 22 year old, after a dizzy spell and tightening in the chest. (I now believe it was an anxiety attack.)

After a battery of tests (EKG, ultrasound, stress test) that showed no heart defects, it was suggested that I have a heart catheterization, a procedure which, again, showed absolutely no defect or damage.

Just recently, I changed jobs and am unable to acquire health insurance. I have been denied (at least twice) specifically because of the heart cath on my medical records.

Does this (what turns out to be) uneccesary procedure, which is causing me financial and emotional strain, amount to medical malpractice? If so, what recourse do I have?

Thank you.


Asked on 2/27/08, 4:02 pm

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

Re: Unneccesary Medical Procedures

I encourage anyone who believes they may be a victim of medical malpractice to call malpractice attorneys to discuss the possible case.

In this case, I see many obstacles.

First, you found out about the negative results 7 years ago, so there is a Statute of Limitations issue. Next, a negative result does not mean that they should not have done the test. Finally, I think it is a long shot to blame the doctor for the insurance industry�s overreaction to a negative test result.

This is my opinion only.

Regarding your insurance issue, you might contact the Pennsylvania Insurance Department or seek out an attorney specializing in Insurance Law or Health Law.

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Answered on 2/27/08, 4:33 pm


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