Legal Question in Medical Malpractice in Georgia

Unable to run proper tests in ER

A few weeks ago I went to the ER pretty sure that I had a blood clot in my lower right leg. I have a blood disorder and have had clots in the past, so I was aware of the signs. When I was at the ER, they could not find the clot in the first test that they had run, in my previous cases, the ultrasound style of test, which is the test they did, did not pick up the clots, I told them this. The doctor who was seeing me in the ER said that the ultrasound was the only test they could do in the ER at that time, that I would need to see a specialist or come back in the morning because they were understaffed to do any further testing. She gave me a muscle relaxant, stating I could just be having ''muscle spasms''. I was so mad, my husband and I asked three more times was there anything that they could do and she said no. So the following morning I called my hematologist and they were so mad that I had been sent home, they told me to go immediately back to the ER. When back in the ER, after running some of the tests that they were ''understaffed'' for they found the clot in my leg. I have been billed for both days in the ER, and nothing was done about the first doctor, I feel it was negligence. Please give me some advice. Thank you!


Asked on 12/29/07, 9:48 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Unable to run proper tests in ER

It is not necessarily "negligence" is the ER is understaffed, or unable to diagnose everyone who comes in. Otherwise, for example, no small hospitals would have an ER for fear of being sued. We have one side of the story. However, the bigger issue is that even if they were negligent, you have failed to identify any damages you suffered (beyond the extra trip & charge). What you believe MAY have happened in a worse-case scenario, is generally not a basis for a malpractice/negligence claim, or a way to get money.

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Answered on 12/29/07, 10:00 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Unable to run proper tests in ER

Just because you feel it was negligence does not mean that you can prove it in court. Consult with a local attorney.

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Answered on 12/29/07, 3:55 pm


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