I was recently in a car accident in which i was tboned. I went to the er and the doctor spent about 5 minutes in the room said i had some bruised bones and strained muscles. As i went on with the week i kept getting dizzy,light headed, and had trouble with my balance so i went to an er at another hospital.The doctor there ran a ct scan and did some xrays and found i sprained my shoulder and i had a concussion. Do i have a case to sue the first hospital for not doing the proper test or am i just sol?
Libertarian
You really don't have a case. Unless you were left with a debilitating condition that could not be cured or dead no malpractice attorney will take your case.
pearlmar
No you don't unless the second doctor would testify against the first and there's no way that would happen.
A
Worth a try, but the fact that you didn't suffer any long term effects from their misdiagnosis, you may not get anything... it's not like they sent you off with a broken neck and you woke up paralyzed 2 days later... But you may have a case, and may get something out of it... make sure you have the documentation in order from both trips to both ERs.
Kathi S
You had no symptoms of a concussion when you went to the ER so there was no reason to look for one and a sprain and strained muscles are the same thing. You have no damages.
hotwheels122287
you had these symptoms AFTER the fact that you went to the ER so how are they suppose to diagnose you with something if you dont have any symptoms? you REALLY should have waited a few days to go get checked out, most accidents take that long to show symptoms.
Bella
No probably not but you can always consult a medical malpractice lawyer, a good one should always offer you a free consult. But you would have to prove that the 1st doctor didn't do what he/she was supposed to do and because of that your injury got worse and/or whatever other consequences happened because of their lack of care.
Shawn
talk to a lawyer, or www.lawyers.com.
Malpractice is concerned about negligence of doctors, injury incurred and whether it is worth the lawyers time to go to trial.
Contact some of your local malpractice lawyers' offices by email and/or phone to see what they say.
Best to you. I totally agree that medical people (professionals?) should be held accountable for their decisions.
Orignal From: Do i have a medical malpractice case?
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