Legal Question in Medical Malpractice in Pennsylvania

I went to the emergency room because I believe my throat was closing. The nurse try to convince me that it was just a sore throat. I waited and waited for a doctor to see me until it was too late. surely my lungs were closing and I could barely breathe. it wasn't until I could no longer talk that a doctor came over to look at my lungs and discovered that my lungs were infected and closing by the minute. the doctors then decided that they had to immediately place a tube down my throat so that I can breed. I did not have insurance so the doctors were discussing if they were going to put a tube down my throat in the emergency room or in the OR room in front of me as it was a debate as my situation got worse . after about 5 minutes of debating the doctors then decided that it was best that I be moved to the OR room. Once in the Or room I then thought it was over for me. The doctor then tried the push a tube down my thought while awake, of course that was very difficult because by that the my throat was the side of a pin needle say doctors. Each time they tried to put the tube down my throat I would gag. I then went into panic mode because I felt like I was going to die. I guess at that point the doctors realize that pushing a tube down my throat was not going to work while I was awake in little time they had to save me. That's when they put me to sleep and I woke up three days later. The nurse was very unexperienced and never checked my throat and assume that I had a sore throat. Can I sue this hospital?

Asked on 12/23/12, 12:55 am

1 Answer from Attorneys

Arthur Newmark Arthur Newmark, M.D.. Esq

If you believe you have a case, I urge you to start calling medical malpractice attorneys as soon as possible. Medical malpractice attorneys will generally listen to your complaint for free. If they think you have a case, they will invite you to their office to find out more details. Generally they will not charge for this service, but, if they believe you have a case, will offer to take the case on a contingent fee basis, meaning you only pay them out the money they win for you, if any.

From the facts you presented, I, personally, do not see a malpractice case I would investigate because, although the nurse failed to properly recognize how urgent your situation was, you were treated in time to save your life. You have not described any long term harm that you suffered as a result of this carelessness.

This is my opinion only, and as I said above, I urge you to seek additional opinions, if you are interested in pursuing legal action in this matter.

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Answered on 12/23/12, 2:24 pm

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