Louisville, KY asked in Medical Malpractice and Personal Injury for Indiana

Q: Wondering how hard it is to prove medical malpractice; misdiagnosis on grounds of profiling and discrimination

I am currently speaking and possibly seeking an attorney to hire regarding A misdiagnosis, as well as mistreatment/ discrimination that led to me almost becoming paralyzed or even possible death. I am an addict and during a long length of sobriety I had my medical history flagged to not administer or prescribe any narcotics. I since then relapsed and began having some severe back pain. I went to the ER where they did an MRI and said it was my sciatica. They sent me home with steroids. 7 days later my steroid pack was complete only at this point my pain was so severe I was immobilized. When I returned to the hospital they performed another MRI and blood work that revealed 2 abscesses on my lower lobar and one on the muscle in my hip area and I was septic. I was admitted and immediately had a drain surgically inserted in 1 of the 2 abscesses, and was started on IV antibiotics. The hospital treated me like scum. I left ama to another location.

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: Due to the nature of medical malpractice cases, most attorneys will not take on medical malpractice case unless there is significant harm caused by the malpractice (for example, what further damage was done during delay). Pain, even horrible pain, may not be sufficient for an attorney to take a case (but consult with experienced attorneys in your state).

As to discrimination and profiling, being a drug addict may not be a protected class (check the laws in your state) and the way in which someone is spoken to or other non-physical harms might not be sufficient for such a case. Again, it is best to consult with experienced medical malpractice attorneys in your state.

Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: It can be difficult, due to the fact that expert opinions are often required to support a claim. You could reach out to attorneys to try to arrange a free initial consult. Most law firms that practice in this area offer free initial consults. Good luck

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.