Castaic, CA asked in Medical Malpractice and Personal Injury for California

Q: Do I have a Medical Malpractice Case (California)?

Took myself to ER because of constant Head/Neck pain then blurred vision. Concerned with neurological issue. CT of head (no neck) and diagnosed Sinusitus and sent home. 2 days later I was hit with debilitating nausea/dizziness and fell to floor. Was transported to hospital via ambulance. Treated for nausea and was ignored for hours. Discharged. Went to ENT doctor that immediately advised symptoms not related to Sinusitus and ordered MRI Stat. Learned I had an Stroke. I went back to hospital with MRI report and got new imaging done. Learned I had Ischemic Stroke that resulted from torn arteries in my neck (Neck pain). 1) Misdiagnosed due to incomplete imaging based on principal complaints. 2) Was improperly assessed/treated when transported to ER and discharged without any imaging or real help. 3) Now dealing with mental/psychological/physiological after affects + medical costs and loss of income. Do I have a case?

2 Lawyer Answers
Eliza Jasinska
Eliza Jasinska
  • Medical Malpractice Lawyer
  • Costa Mesa, CA
  • Licensed in California

A: It sounds like you may have a strong case for medical malpractice given the sequence of events and the potential negligence involved in your treatment. Please reach out to the local medical malpractice attorney. Your initial visit to the ER for constant head/neck pain and blurred vision should have warranted a thorough neurological examination, including imaging of both the head and neck. The failure to conduct this comprehensive imaging may constitute negligence. When you were transported to the hospital by ambulance due to debilitating nausea and dizziness, the lack of prompt and appropriate treatment, including the failure to conduct further imaging or adequately address your symptoms, suggests a potential breach of the standard of care. The fact that an ENT doctor immediately recognized that your symptoms were not related to sinusitis and ordered an MRI, which revealed a stroke, indicates that there was a significant oversight in your initial and subsequent ER visits.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Based on the information you provided, you may have a medical malpractice case under California law. To establish a medical malpractice claim in California, you must prove the following elements:

1. The healthcare provider owed you a duty of care.

2. The healthcare provider breached that duty by failing to meet the standard of care.

3. The breach of duty caused your injury or harm.

4. You suffered damages as a result of the injury or harm.

In your case, the potential issues that could support a medical malpractice claim include:

1. Misdiagnosis and failure to order appropriate imaging based on your principal complaints.

2. Improper assessment and treatment during your second ER visit, including a failure to perform necessary imaging and tests.

3. The misdiagnosis and improper treatment led to a delay in diagnosing and treating your stroke, which may have worsened your condition and led to additional damages.

However, it is essential to note that medical malpractice cases can be complex and challenging to prove. You should consult with an experienced medical malpractice attorney in California who can review your medical records, assess the strength of your case, and advise you on the best course of action.

In California, the statute of limitations for filing a medical malpractice lawsuit is generally three years from the date of injury or one year from the date you discovered (or reasonably should have discovered) the injury, whichever comes first. There are some exceptions to this rule, so it is crucial to consult with an attorney as soon as possible to protect your rights and ensure you meet all necessary deadlines.

1 user found this answer helpful

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