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

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.

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

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