Is this a malpractice case?

Posted by 70sfamily | 7:46:00 PM


I don't know how short I can make this without leaving pertinent details,but June of 2007 I began to develop terrible abdominal pains. Went to my PCP and was told it was an ulcer, pain got worse, went back, and he sent me to a GI Dr. who said it was an ulcer. As the days went on the pain became unbearable with my abdomen distended and I could not eat without severe pains about 3 hours after. The pain became so severe, it was exactly like labor contractions. What ever muscles are effected during labor, the same thing was happening with this. I went to my local ER, they took x-rays and CT scan and was told everything is normal. there is a small dialated area of the ileus,but thats not the problem. They gave me pain meds and told me to follow up withh my PCP. The pain grew worse, and I was unable to eat without excruciating pain. I ended up going to the hospital that my GYN worked out of, thinking it was scar tissue wrapping around something from my previous surgeries. My GYN performed a laperoscopy and said there was adhesions all over, like a film that covered my entire pelvic and abdomen area. He removed them, sent me home and 1 day later, after eating the pain was worse then ever. To back track a little, before the gyn operated, that hospital did numerous x-rays and ct scans which all showed the dialated ileus. which was getting larger with each X-ray/scan. I went back to the ER, they admitted me, inserted an NG tube, which released a lot of pain and pressure. I was on nothing by mouth diet on and off for a month. I was in and out of that hospital for a month. Each x-ray showed the dialation of the ileus and every Dr. dismissed that as being the source of my pain. They then decided I was making this up to obtain drugs. They also told my family this.And that I need to be locked in a room for a few days screaming, until I get over my "withdrawals" There are no words to describe the frustration I felt after hearing this. There was one Dr. there who knew I was very sick and he told my family to take me to another hospital(one of the top ones in the country) they took me there and I was admitted. They inserted the NG tube, took more x-rays and ct scans and also saw the dialted area, but was reluctant to operate for fear of causing more scar tissue, so they kept a close eye on me hoping if there was an obstruction, that it would go away on it's own. Back tracking again....the last 3 x-rays at the previous hospital stated that there was suspicion of an early small bowell obstruction. The hospital I was at now, believed that was the problem also. My gyn from the other hospital was contacted to obtain my records and he told the current hospital "That I was crazy" he also said that to another Dr. who was trying to get me into NYuniversity hospital. That Dr. was a friend of my brothers. After that comment, the current hospital began to doubt me. I ended up in and out of that hospital for the entire month of August, everytime I ate I was in the worst pain and had projectile vomiting. My 13 and 14 year old kids had to witness all this. I was dying and noone was taking me serious any more due to the GYN's comments and that previous hospital. I had no choice but to go back to the current hospital. My GI there said she is trying one last test, and then there is nothing more she can do. It was a capsule endoscopy. You swallow this capsule which is a camera and they attach you to a monitor which takes hundreds of pictures in the area where scopes can't reach. 4 nights later, I was ready to die, I could not even drink without excruciating pain and vomiting, the next morning my GI Dr. called and said to report to the ER immediately. When I got there, she told me that "she is so sorry, and I was right the whole time, that the pictures showed numerous ulcerations, strictures and the capsule was lodged in that portion of my small bowell. They did emergency surgery and the walls of my small bowel had actually collapsed. A small bowel resect was performed. Now had the hospital and GYN took my symptoms and the x-ray results serious, i believe I would not have needed a bowel resect, not to mention the severe pain, emotional pain, and frustration I had endured for 3 months. The first hospital knew there was a prob;lem because the last 3 x-rays stated that there was suspicion of a blockage, but they did nothing, but basically call me crazy, all but one of those Dr's who I credit for saving my life. The one who advised I go to another hospital. Last summer anothe blockage began to form from the scar tissue of the previous surgery.It was immediately removed so i did not have to suffer for months again. I contacted a malpractice lawyer via e-mail and tried to summarize this case (of course there are still more details) but this is the main ones. The attorney I e-mailed called and left a message on my phone that he would not be interested, but don't let that stop me from finding one that would take the case. Can anyone tell me if i have a
Thanks so much for the detailed answers. It is greatly appreciated. Can anyone recommend a malpractice attorney in NJ?

John Holmes
far too verbose

DarkPrince139
You have a case - you must break down each detail in separate concise paragraph in chronological order. List the names of each Doctor in each Paragraph that treated you, the diagnosis, the prescription drugs provided their treatments and their comments.

Each billing statement should be in order by date first to last.

Get a copy of every medical record from every Doctor or hospital you visited for this treatment.

Once you have acquired all this information and compiled it in proper order - you will find an attorney who will take this case.

Once

CeciliaM
TMI.

If the attorney declined to take your case, then it is likely that you don't have anything worth suing over.

vampira53
Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries.

What youve said sounds like medical malpractice. It was negligence which led to physical and emotional injury. To form a case you need to prove these things:

1. A duty was owed - a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached – the provider failed to conform to the relevant standard of care. The standard of care is proved by expert testimony or by obvious errors (the doctrine of res ipsa loquitur or the thing speaks for itself).
3. The breach caused an injury – The breach of duty was a proximate cause of the injury.
4. Damages – Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent.

You would need to get the other doctors records of your case and have the doctors who eventually treated you testify for you in order to make a case.

I would definitely keep looking for another lawyer to represent you and sue them for emotional and physical damages. I would not pay the hospital bills for that first hospital. Accusing you of being a drug addict and calling you crazy? Thats incredibly unprofessional. They also breached doctor patient confidentiality for telling your family that you were in drug withdrawal, even more so because it was untrue.

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