Santa Ana, CA asked in Medical Malpractice for California

Q: Can I sue for waiting in the ER for over 12hrs and for false results in medical imaging

Visiting hospitals due to abdominal pain

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2 Lawyer Answers

A: I am sorry for what you went through.

Even if what occurred could be considered malpractice, the amount of any recovery would not warrant a medical malpractice case.

To confirm, it is recommended to consult with experienced malpractice attorneys in the state where this occurred.

James L. Arrasmith
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Answered

A: You may have a potential case, but it depends on several factors. In California, to pursue a medical malpractice claim, you would need to demonstrate that the hospital or medical professionals acted negligently and that this negligence caused you harm. Waiting for an extended period in the ER might not be sufficient for a lawsuit unless it resulted in a significant worsening of your condition.

Regarding false results in medical imaging, if these incorrect results led to unnecessary treatment, a delayed diagnosis, or worsening of your condition, you might have grounds for a claim. The key is showing that these mistakes directly caused harm to you.

It's important to document everything—keep records of your ER visit, any subsequent treatments, and any communications with medical staff. Consulting with a legal professional can help you determine if you have a strong case based on the specifics of your situation.

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