RJ Alexander Law PLLC | Reshard Alexander
It is possible that you have a viable lawsuit for the misdiagnosis of sepsis. What was the time period in between the two diagnosis and what damages did you suffer as a result of the misdiagnosis? You need to consult a personal injury attorney to review your medical records and make a more detailed inquiry into your potential lawsuit.
Answer Applies to: Texas
S. Joseph Schramm | Joseph Schramm
Fortunately for you, it appears that the staff at the second ER properly diagnosed and treated the problem before any serious damage was incurred by yourself. However, it appears that the damages you suffered, such as the inconvenience of going to a second facility to get proper treatment and care, would be insufficient to merit a cause of action for medical negligence.
Answer Applies to: Pennsylvania
Chalat Hatten Koupal & Banker PC | Linda Chalat
There would only be a claim if the delay in treatment caused significant harm. If you went to the second ER shortly after the first ER visit, then there is probably no lasting harm caused by the misdiagnosis.
Answer Applies to: Colorado
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Sure, but what is it worth? If you died, it would be worth a lot; since you did not, and you would have needed hospitalization anyhow, you only had a slight delay. Now, if a doctor will say that the delay will cause you harm in the future, then go for it.
Answer Applies to: Michigan
Law Ofices of Edwin K. Niles | Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answer Applies to: California
Peterson Law Offices PC | Todd Peterson
Infections happen all the time at hospitals and by itself it doesn't necessarily mean you have a recoverable claim. If the sepsis causes great damage then perhaps the misdiagnosis played a role but from the question it seems it's being handled. From what is presented fact wise I won't think there is a valid claim for medical error.
Answer Applies to: Oregon
Andrew T. Velonis, P.C. | Andrew Velonis
Doubtful. If they had reason to believe you had eye infection plus stress attack, then it was a judgment call, no malpractice. Even if it was, then if the second ER caught it in time, the costs of pursuing the matter could easily exceed the likely recovery.
Answer Applies to: New York
Elhart & Horvath, P.C. | Mattias Johnson
The short answer is probably not, but you should definitely check with an experienced personal injury attorney in your area. Most hospitals have something called governmental immunity, which means that proving a negligence claim against them is more difficult than against a private citizen or corporation. Additionally, courts recognize that sometimes doctors make mistakes in diagnosing patients. Finally, you don't really have the fourth prong of any negligence claim, which is damages. Because you were later properly diagnosed, and I am assuming treated, you cannot prove damages (such as serious impairment of a bodily function, or death).
Answer Applies to: Michigan
James E. Hasser, Jr. P.C. | Jim Hasser
Whether or not medical malpractice occurred is a question for a medical expert. Medical malpractice lawyers typically have such experts available. You may want to consider consulting one, but because the problem was detected and treated and you suffered no permanent damages as result of the misdiagnosis, even if you did have a claim, the cost of pursuing it would probably far outweigh any potential recovery. That does not mean you are without a legal remedy, though. You can complain to the hospital and/or the medical board.
Answer Applies to: Alabama
End, Hierseman & Crain, LLC | J. Michael End
It does not look like you were injured by the wrong diagnosis having been made. Therefore, you probably do not have a lawsuit that you could successfully pursue. You must suffer an injury as a result of medical negligence to be able to successfully pursue a case.
Answer Applies to: Wisconsin
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Sepsis means infection. You don't have a claim because different folks say the same thing in different ways . you have a claim only if you have a problem caused by a mistake and you have death OR SERIOUS INJURY AS A RESULT.
Answer Applies to: North Carolina
Coulter's Law | Coulter K. Richardson
That would be a tough case to make, primarily because you would need to prove that the damages you sustained, you would not have sustained had the diagnosis been correct the first time around. If for instance you lost an eye due to the delay in diagnosis, that would be different. However, based on the information you provided it does not seem like your damages are significant enough to warrant taking this to court. Additionally, you would have to prove they deviated from sound medical practices to prove negligence. Their diagnosis may have been sound, based on the information they had available to them at the time.
Answer Applies to: New Jersey
Domnitz & Skemp, SC | Merrick Domnitz
You may have a claim for negligence against the first provider, but since you were resourceful enough to obtain a second opinion and have the condition treated appropriately, the claim against the first ER has minimal if any value. You can't claim damages for something that could have happened as a result of a missed diagnosis, only for things that actually did happen.
Answer Applies to: Wisconsin