Legal Question in Medical Malpractice in California

IS This considered malpratice?

I went to the hospital ER with extreme pain in my stomach.I had no insurance so the Dr. came in and asked me what was wrong i told him the pain in my stomach was really bad.Alls he did was push on my stomach and said that i had food poisening. I told him i have had it before and that was not was this was. He gave me meds and sent me home. At 10am I called 911 the pain was worse. they took me to the same hospital.when i got there they had me see the nurse and they put me out in the waiting room for more then a hour. When i finally got back there my pain was extreme.This time a differnt Dr did tests. they found out i had a ruptured appendix. and i had a bad infection from it. I was told that if they would of found it the first time that it probably won't of ruptured. i spent 5 days in the hospital. and now i can not feel half on my stomach on the right side...

Asked on 9/12/00, 12:22 am

2 Answers from Attorneys

Jeffrey Zinder Zinder & Koch

Re: IS This considered malpratice?

It is a very bad situation when Dr's make decisions without investigation. This requires further investigation, please call me at 818-760-0100. These are the kind of cases that we handle on a contingency, and there is no charge for the intial interview. We need further information and support of another ER expert to pursue the claim. However, based upon the information in your question I am very interested in talking with you in person. Please call at 818-760-0100 ext 101.

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Answered on 10/16/00, 12:57 pm
Howard Silver Law Offices Of Howard D. Silver

Re: IS This considered malpratice?

Regarding your question "Is this considered malpractice", it may be depending on the opinion of a qualified emergency room expert doctor who would review your medical records. Specifically, there are at least two questions to ask for every malpractice case. First, did the treating doctor's conduct fall below the standard of care in the community. In your case, the question is should the doctor or doctors at the hospital have done more to diagnose and treat your condition before you had to have surgery. Second, even if the doctor's conduct was below the standard of care, were his or her actions the cause of your injuries or would you have had the same result even if the doctor had done everything correctly. As I said, only a medical expert reviewing your records can answer these questions. Finally, if the answers to these questions is yes, you may have a valid claim for malpractice.

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Answered on 10/14/00, 2:56 pm

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