Legal Question in Personal Injury in Florida
Medical Misdiagnosis
My 64-year-old mother was brought to a hospital in an ambulance after placing a 9-1-1 call, believing she'd had a stoke approx. 18 hours earlier. The attending ER physician saw her/treated her only while she was on a gurney. He recommended treatment for her extremely high blood pressure, diagnosed a form of vertigo, and indicated plans to release her. Her friends convinced him not to and he agreed to admit her. She was hospitalized the next few days, her existing symptoms got worse (right side balance/unable to walk, loss of vision/double vision in one eye, dizziness, slurred speech, etc.) After repeated requests for an MRI (''not routinely done on weekends'' and she was not considered ''in danger'' or ''an emergency''), and after falling in the hospital bathroom, an MRI was granted and a stroke, not labrinthytis (sp?), was confirmed. Are there grounds for suing the hospital, ER physician, etc. for gross negligence, physical trauma, and mental anguish?
Thank you.
3 Answers from Attorneys
Re: Medical Misdiagnosis
It appears that there was negligence and a cause of action might be available for medical malpractice agains the hospital and/or the doctor. Based upon what you have told me the primary issue would be whether or not the delay in diagnosing your mothers' condition resulted in a greater injury and impairment than what she would have suffered if an accurate diagnosis was made right away.
Re: Medical Misdiagnosis
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Emergency doctors work under the most extreme of conditions with no prior history of the patient and having never met the party before. A diagnosis is often made on only basic information and is not always correct.
It is probably way too early to say. A mistake in diagnosis is not enough grounds for a personal injury lawsuit. There has to be damages which have occurred as a result which could have been avoided had the diagnosis had been correct.
I would suggest you carefully monitor the situation and if you believe that she has been harmed as a result of her treatment, then discuss the situation with an attorney at a later date.
Scott R. Jay, Esq.
Re: Medical Misdiagnosis
We would like to talk to you about this situation and get more information. Please call us as soon as possible or visit our website at www.flainjurylawyer.com
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