Legal Question in Medical Malpractice in Virginia

I am a 47 BF. I went to the emergency room with chest pain and was almost dismissed because a East Indian doctor insisted I brought this on myself because I was a drug user and that I was too young said by others. Fortunately a protocol is to hook patients up to a device that monitors you. I was fortunate that I was still hooked up to the machine while my case was being discussed by others because as they were doing so I had a heart attack. However if the Indian doctor had total control I may have been on the streets during this time. This occurred 10/07. I think because of her prejudices I was in danger and maybe others. Can I sue her or the hospital? That event haunts me every day and I can't seem to over look it.


Asked on 8/24/09, 9:08 am

1 Answer from Attorneys
Gary Mims Sickels, Frei & Mims

It sounds like you were lucky that the heart attack occurred in the hospital. In order to sue a doctor, or anyone, you need not only negligence but damages (eg. you were dismissed and had a heart attack on the streets). Without and injury (damages) you have no cause of action. As they say in basketball "no harm, no foul". You can report your treatment to the hospital, the physician's practice and the Board of Medicine.

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Answered on 8/30/09, 7:36 am


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