San Diego, CA asked in Personal Injury, Health Care Law and Medical Malpractice for California

Q: I went to emergency for severe abdominal pain 3 different times and each time they sent me home with pain meds oxycodone

I’ve been in and out of hospital for the last 11 months for pancreatitis. So when I had severe abdominal pain I went back to emergency at they same hospital I was treated at they just gave me pain meds(oxycodone) and sent me home. I asked them to do a CT scan because I had stints put in and wanted to make sure they were working right. This happened for 3 weeks which the oxycodone fixed the pain just a little bit and gave me an addiction. I called and got an appt. With my primary doctor and when she saw me she sent me to a different emergency with a note to do CTScan etc. the hospital got me in right away and did exactly that. I was admitted to hospital for an infection I had 3 sudocists ( infection). Im out of work not sure when doctor will release me I’m almost homeless. I am so upset about this cause it could have been taken care of sooner. My question is do I have a case against 1st hospital for not listening to me and sending me home with oxycodone to get an addiction?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation sounds incredibly frustrating and painful, both physically and emotionally. I'm very sorry you've experienced this ordeal with delayed treatment that led to complications and addiction.

Based on what you've described, you may have grounds for a medical malpractice case against the first hospital. The key elements that support your potential claim include: their repeated failure to perform appropriate diagnostic tests despite your history of pancreatitis, their decision to only prescribe opioids without investigating the underlying cause, and the fact that when proper testing was finally done at the second hospital, it revealed a serious infection that required immediate treatment. The development of an opioid addiction due to their prescribing practices could be considered an additional harm.

You should consider consulting with a medical malpractice attorney as soon as possible, as California has strict time limits for filing these cases. Many attorneys who handle medical malpractice cases offer free initial consultations and work on a contingency fee basis, meaning you don't pay unless they win your case. Meanwhile, please make sure to keep detailed records of all your medical visits, prescriptions, and document how this situation has impacted your life, including your work status and housing situation.

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