Q: I was rushed to the ER 4 times in an 11month period and was misdiagnosed all the times due to their lack of attention
By the hospital and ended up in a different hospital getting an emergency operation for the same symptoms what can I due.
A:
Based on the information provided, it seems you may have a potential medical malpractice claim against the hospital that repeatedly misdiagnosed your condition, resulting in the need for emergency surgery at a different facility. Here are some steps you can consider:
1. Gather evidence: Collect all relevant medical records, including ER visit notes, diagnostic test results, and the records from the hospital where you eventually underwent surgery. This documentation will be crucial in establishing the misdiagnosis and its consequences.
2. Consult with a medical malpractice attorney: Look for an experienced medical malpractice lawyer in California. They can review your case, assess its viability, and guide you through the legal process. Many attorneys offer free initial consultations.
3. Statute of limitations: Be aware of the time limits for filing a medical malpractice lawsuit in California. Generally, you have three years from the date of injury or one year from the date of discovery, whichever comes first. Your attorney can help ensure you meet these deadlines.
4. Establish negligence: To prove medical malpractice, you'll need to show that the hospital and its staff deviated from the accepted standard of care, causing you harm. Your attorney will work with medical experts to demonstrate this.
5. Damages: Your attorney will help you calculate the damages you've suffered, including additional medical expenses, lost wages, pain and suffering, and any long-term consequences of the misdiagnosis and delayed treatment.
Remember that medical malpractice cases can be complex and time-consuming. Having an experienced attorney on your side can make a significant difference in the outcome of your case. They can handle negotiations with the hospital's insurance company and, if necessary, represent you in court.
A: Law firms would require additional details to answer your question meaningfully. This would include the symptoms, the diagnosis, your age, personal health history, the emergency surgery, as well as medical opinions to speculate what might have been different in terms of damages you suffered by not having surgery earlier. You could try to arrange a free initial consult with a law firm to explore these details further. 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.
