Legal Question in Medical Malpractice in New York

What violations took place? Went to hospital chief complaint of sharp pain in lower left side. Dr. said it could be kidney stone. Spent 7 hours at hospital, was given urine test, chest X-ray, and HIV test, which I had agreed to have tested when first admitted upon the assumption that I was going to be getting blood work anyway. Told tests were normal, given Xanax and a shot for the pain, sent home with someone else's prescription, blood test results, and discharge paperwork. I was then called by my nurse and asked to drive back to the hospital and return the paperwork. He handed me my paperwork, I left, then realized I was never given MY test results. I am worried that someone else was given my results since I also was given the wrong person's information. I also do not feel that an upper chest X-ray could diagnose any lower back problems. Although they took my blood and tested for HIV they did not perform any other blood work. I found out later that my urine test was abnormal.


Asked on 10/28/12, 8:27 am

1 Answer from Attorneys
Jason A. Richman Jason A. Richman, Esq.

Medical Malpractice Lawsuits have two parts. Part one, was there a deviation from the appropriate minimal standard of care. Part two, what damages were cause by that deviation. In the absence of part two, part one is not likely to get a very careful review by any lawyer you approach. If you really want to find out what they did wrong, and are not very interested in a lawsuit then you should file a complaint with the NYS Department of Health. Their website have a form that you can complete to do this.

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Answered on 10/29/12, 3:29 pm


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