Legal Question in Medical Malpractice in Maine
Misdiagnosis
My husband went to an emergency room on a Sunday night with severe abdominal pain. He was sent home and told that he had a stomach flu. On Tuesday it had gotten worse so I took him to a dr. The dr told him that he thought he had passed a gall stone. He set him up for a sonogram on Wed. and another appt with him on Wed. When we went to him on Wed he set up an appt with a surgeon on Thursday, thinking that his gall bladder should be removed. At the surgeons office, after a short exam the surgeon admitted him to the hospital for emergency surgery to remove his appendix. It had burst probably on Sunday and because of the delay had developed an abcess, and had turned to gangrene. It also ate a hole in his cecum. Either during or immediately following surgery, he had a small stroke. He started complaining of numbness on the left side of his body on Friday. They listened to him complain until Tuesday when the finally said maybe they should do a cat scan to see if something was going on. It was then that they discovered the bleed in his brain that caused the stroke. Do we have enough to bring a malpractice suit?
3 Answers from Attorneys
Re: Misdiagnosis
Hi. Based on your email, if you was my client, I would tell you that you should continue with your investigation. More information is needed to say whether you have a case and an opinion from a doctor will be necessary. Most times, a lawyer who regularly handles medical malpractice cases, at this point, can tell whether there is any potential and whether to proceed. There is enough to suggest that someone was negligent and it appears that the damages suffered are large enough to make it worth continuing. This is a critical time for you. I urge you to contact an attorney who handles medical malpractice claims as soon as possible. Many of us do not charge you for the consult, so you will have nothing to lose. Best wishes. -- Bob
Robert S. Bruzzi
Law Offices of Robert S. Bruzzi
18 Imperial Place, Suite 4D
Re: Misdiagnosis
You have enough information to certainly justify looking into this further. As a malpractice attorney, I would want to talk with you about some of the specifics and then possibly review the medical records.
In Maine, before you can file a malpractice suit you must present it to a board. The board votes on whether the case has merit. It almost doesn't matter what the board's vote is because regardless of the result you can still file a case if you satisfy some other requirements.
Although we are located in New Hampshire, I have been involved in Maine cases. Feel free to call or email me. The phone works 24 hours 7 days.
1-800-838-0800 or [email protected]
David Austin
Burke & Eisner, P.A.
401 Gilford Ave, Suite 125
Re: Misdiagnosis
I see you have received some excellent input from attorneys in the Northeast. As a health care practitioner and lawyer, I think you should certainly get the medical records and have them evaluated by a competent professional. Either of the two gentlemen who have responded to you would doubtless do a good job.
Sepsis, of the kind caused by a ruptured appendix, frequently results in coagulation disorders of the type that might very well cause a stroke. Therefore it would appear to me, anyway, that you ought to have the records obtained and get the opinion of a surgeon and an ER physician as to the negligence. You might also want to consider the Radiologist, too, although that's more of a long shot.
Best of luck with your claim.
Anthony DeWitt
The Winter Group PC
122 E. High Street
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