Q: Can I pursue a medical malpractice lawsuit?
I suffered a stroke at 34 years of age approximately 3 months ago due to spontaneous bilateral vertebral artery dissections. I had no significant medical history prior to this event. It was a small/medium-sized stroke in my cerebellum and I continue to struggle with headaches, fatigue, and dizziness. I am able to care for myself but have not been able to return to work as a nurse practitioner. I presented to the ED with nausea, vomiting, vertigo, and a severe headache of sudden onset. I was triaged but sat back in the waiting room for more than an hour before being re-triaged and then having the stroke alert called by the second provider who assessed me. It was over 2 hours before my CT was completed and almost 9 hours (from first arriving to the ED) before I was informed I had experienced a stroke. The neurology notes state I was not a candidate for thrombolytics since I was outside the window yet I presented within 2 hours of symptom onset.
A: A delay in diagnosis that results in a lost opportunity to be administered TPA can be the basis for a medical malpractice case. Depends on what your presenting symptoms were and whether stroke should have been considered as a differential diagnosis as soon as you presented to the ED. You should order a copy of your medical records from the ED and the hospital and have them reviewed by another doctor - an ER doctor or neurologist or both - and find out.
Tim Akpinar agrees with this answer
1 user found this answer helpful
A: Please consult with an experienced medical malpractice attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify that the healthcare professional made a mistake that other reasonable doctors would have not made under similar circumstances. The plaintiff would have to prove that such a professional mistake caused the injury and but for the healthcare professional mistake the injury would not have happened. A Plaintiff must prove real injury and real damages that are given a monetary value. Experts usually testify as to the value of the physical damage, medical providers' negligence, lost wages, and medical bills.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
