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

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.

2 Lawyer Answers

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

James L. Arrasmith
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Answered

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.

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