Five months ago at 7 months pregnant, I went inot the hospital with stomach pains. They sent me home with a "pulled muscle". The same day after getting home, my appendex ruptured. I had to call an ambulance and go back in for immediate surgery. It put my sons like at risk with a 50% chance to live. He lived. But, do I have any grounds to sue?
The first time I went in the didnt order an ct scan because I was pregant, only a sonogram. The 2nd time, after my appendex ruptured, they ordered a ct scan.
They took all the basic procedures, blood, urine, and like i said, no ct scan until after the rupture. The 1st surgeon that looked at me said it was a pulled muscle, the 1st sonogramist said it could be a gall bladder but didnt think so, so he agreed with surgeon. Got sent home. The 2nd time a NEW surgeon gave me a ct scan, and said she knows its my appendicts.And did the surgery.
Additional damages. Yeah. Ambulance bill. The 6 inch scar on my stomach which would have been tony little scars if it were to be caught earlier. No damages to the fetus though. Just the risk of it dying or being premature. Which did not happen. Just was a risk.
FannyDoolee
DUH!
Jack B
I'd wonder if they ordered an abdmonical CT scan and how it was read...
now if they never diagnosed you correctly and never ordered that Ct scan or kept you for observation...I think it could be medical negligence.
But I definetly think you should consult a lawyer.
I dunno even know how they came up with a pulled muscle on a ruptured acute aoppendicitis. Who was the idiot doctor or where was that so we can all avoid that place?
(Differential diagnosis for an acute appendicitis is many things but a pulled muscle is certainly nowhere near the top of the list. Did they take your blood? Did you have a fever? Did you tell them where exactly it hurts? any vomitting or moderate to severe nausea?)
divot
A good lawsuit has actual damages. You have some pain and suffering, but you had to have surgery even if it had been caught immediately. Did you have additional expenses?
I doubt you can prove your fetus suffered--but who knows? Perhaps there are now fetal psychologists / psychiatrists. Could be a new specialty. However, generally one does not get a judgment based upon speculative harm.
Common
You can only sue for malpractice if you can prove the doctors and hospital violated the applicable standard of care. Basically, you have to show that a reasonable and competent doctor would have give you the CT scan right off the bat and would have known it was your appendix. So until you can answer that question, there's no way to answer yours.
Personal injury attorneys tend to take cases like this on a contingency basis. Most consultations are free. Go in and talk to an attorney so you can get an idea of whether or not its worth pursuing.
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Orignal From: Can I sue for hospital malpractice?
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