Can/should I sue if I went to an urgent care center and they failed to find blood clots in my thigh, calf and lung? 1 Answers as of September 22, 2014In mid-May, 2012, after a considerable amount of time (weeks) feeling ill and in pain, I went to an urgent care center. I told them that I had a fever, chest congestion, and pain in my left leg. I also informed both the receptionist and treating physician that I knew it was not a cold or flu and if it were either, I would have treated it at home. I was prescribed pharmacy cold medicine and antibiotics. Three weeks later when the pain in my leg became unbearable, I went to the ER where an ultrasound found clots in my thigh and calf. A whole body scan found one in my lung. I was hospitalized for 6 days. This could have easily been a fatal misdiagnosis. Could/should I pursue legal action against the urgent care center?
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You don't get credit in the court for "coulda, shoulda. Woulda" you have to show actual damage by medical testimony. If you can do that you might have a case, called "failure to diagnose" but remember you have to prove damage because of the failure
Answer Applies to: North Carolina