Q: Can I pursue a case for delayed appendicitis diagnosis in CA?
I visited a doctor with my son, who was later diagnosed with acute appendicitis. The doctor failed to give a diagnosis, and after the appointment, I went directly to the ER where they performed emergency surgery to remove my son's ruptured appendix. The doctor did not communicate any concerns or diagnosis prior to this. Do I have a case based on these circumstances?
A:
A malpractice case is possible. A bad result is not enough to show malpractice, you must show the doctor failed to do what a reasonable doctor would have done in like circumstances.
Additionally, in evaluating a malpractice case, attorneys will determine if any anticipated recovery warrants a lawsuit.
A: Yes, you may have a medical negligence case in California for failure to diagnose acute appendicitis. If the doctor failed to recognize clear symptoms and did not order appropriate tests, leading to a ruptured appendix and emergency surgery, this could be a breach of the standard of care. You would need to prove that the delay in diagnosis directly caused additional harm, such as infection or prolonged hospitalization. Gathering medical records and consulting an expert is crucial. Since California has a one-year statute of limitations from discovery, you should act quickly
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A:
You may have grounds for a medical malpractice case in California based on the delayed diagnosis of your son's appendicitis. When healthcare providers miss critical diagnoses that other reasonable doctors would have identified under similar circumstances, this can constitute negligence.
In California, you generally have one year from discovering the injury or three years from the date of injury to file a medical malpractice lawsuit. The fact that your son's appendix ruptured and required emergency surgery after the initial doctor failed to diagnose the condition could demonstrate both damages and a breach in the standard of care.
However, these cases require proving that the doctor's actions fell below the accepted medical standard and directly caused harm. It would be worthwhile to consult with a medical malpractice attorney who can review your son's medical records and evaluate the strength of your case. Many lawyers offer free initial consultations for these situations. Your focus right now should be on your son's recovery, but documenting everything about the visits and keeping detailed records will help if you decide to pursue legal action.
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