Can I sue the hospital or surgeon for misdiagnosis?
(asked 140 months, 17 days ago in Bakersfield, CA)
Around march 2012 I went to an ER for some breathing issues, vomiting, and a sharp pain in my back that had been coming and going for the last couple days. The nurses asked questions about my symptoms iand I let them know I was vomiting for no apparent reason, coughing a lot, and feeling very tired for the last couple of months. They gave me an MRI and cat scan and said they couldnt find anything. I was admitted later that night and a few hours later they came in and said I was going in for surgery in the morning. When I asked what for, the nurse informed me of an appendectomy. The next morning another nurse came in letting me know they would prep me for surgery soon, an I asked if they were sure it was my appendix causing me these problems. She sent the doctor in and he let me know that they couldn't find much on the scans but it could still be my appendix and this way he can go in and look around just in case he is able to find anything else wrong. While being prepped, a different nurse asks me if I knew what I'm going into surgery for, I let her know it's for an appendectomy. She asks if I am sure because all my test results came back normal and proceeds to show me my normal test result and let's me know I should double check with my doctor. He reassures me he is almost positive it's my appendix and he will be able to double check if anything else is wrong. After surgery he let's me know my appendix was a little red, but that was all. After being discharged A few days later none of my symptoms disappeared, stil vomiting, coughing, and hard to take a deep breath. There was no way it was my appendix or my symptoms would had gone away. A few moths later I break out in a horrible rash and go back to the er. Nobody even saw me they just came in to the waiting room gave me a shot for an allergic reaction handed me prescriptions and sent me home. Over time my symptoms have gotten worse, and Just this week, symptoms have been worse than ever, I go to a different er and am diagnosed with valley fever IMMEDIATLEY just from my chest X-rays. Usually it takes two days for blood test results to come back, but my condition being so bad he could already see the fungus all over my lungs. Doctor says he is not surprised I have been so sick for the last six months (since approximately jan/feb 2012). That is just the time period I have been having severe symptoms, not necessarily the time I got valley fever, which could had been a month or two before. Also, my rash had not been an allergic reaction it was a reaction or the valley fever, the medicine they gave me for an allergic reaction never helped my rash and i had it for a good two weeks it just went away on its own. I also work in construction in the san juaquin valley, where valley fever is most susceptible. I have been out of work many times because I was so sick, and also just lost my job because I missed so much work without any diagnosis. Can I sue the doctor or hospital of the first ER that I went to for not even testing me for valley fever given the symptoms and line of work I'm in? If they had actually looked into my rash they may have caught it then since they didn't catch it the first visit I went in..
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 84 Connecticut Boulevard
East Hartford CA 06108 Hartford Medical Malpractice Attorney (860) 528-4567
David A. Zipfel & Associates, LLC
Hartford Medical Malpractice Attorney
It is a tragedy to hear about situations like yours, when they could have been possibly diagnosed far in advance. Without all of the details of your situation it is hard to say for sure if your case can be fought for, though it is a stepping stone to a case. Not only did you suffer symptoms that were left untreated for months, but their misdiagnosis led you to lose your job. Medical malpractice is a tricky subject, because many times it is based on a “he said she said” premise. Regardless of that, it is imperative that you contact a personal injury attorney as soon as possible to start taking legal action. There are many cases today that involved the misdiagnosis of diseases that led to injuries and further illnesses, and as a result you have the right to seek compensation you deserve. Not only for the pain and suffering from the sickness but also for your wages lost. While no attorney can make a guarantee with any case, an experienced medical malpractice attorney will do whatever they can to help your case. Call one as soon as possible to get started!
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