Can i file a case against an emergency room doctor and/or staff?
Question Details: I went to the ER ended up being dehydrated but they did a bunch of blood work and CT and chest X-ray. I got a call from my doctors office that I was anemic and I made an appointment to go in because I was still having dizziness which is one reason that I went to the ER. The only report the ER sent to my doctor was blood work but my doctor's office asked me what other tests I had and then had me sign a release form. When they got my X-ray, it showed abnormal findings. I had pulmonary fibrosis which is a terminal illness. If I had not followed up with my doctor and them asking for my other test results, Iwould still not know. If they would have mentioned it in the ER, I would have remembered that my mother has it.
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
In order to have a medical malpractice case, you have to have a documented injury resulting from the medical malpractice.
In your case, although there was a delay in the emergency room sending your x-rays to your doctor and the emergency room did not mention pulmonary fibrosis to you, your condition did not significantly worsen due to the delay in your doctor obtaining the x-rays. Therefore, it would not be worth pursuing a medical malpractice case.
If your condition had worsened because there was a significant delay in obtaining treatment based on the x-ray not being provided, you would have a medical malpractice case.