Does my case qualify as medical malpractice if I had an infection that was not diagnosed and treated?
Question Details: About 10 days ago, I received an lumbar puncture. Everything went fine, however the next day my back pain was so severe that I could barely walk, so I went to the ER. The PA who was assigned to me asked me if I had a headache and asked me to rate my pain on a scale of 1-10. I told him, "My headache is about a 2 and my back pain is an 8 or 9". Blood and urine was collected and the PA ordered a medication specifically for headaches. I got nothing for the back pain. Throughout my stay, I complained numerous times about my back but I was never given relief. The thing that makes me think I may have a malpractice case on my hands is that the PA came back after a few hours and told me, "All your labs are perfectly fine". However, a day later, I checked online on the patient portal and reviewed the results from the visit and there were many abnormalities that signified an infection. About a week later, I ended up going to another hospital and was told I had a pretty bad bacterial infection. I went to my primary to follow up and she also said it was bad and that it did in fact spread because I was having severe pain in other areas. I was prescribed oral and topical antibiotics. Had the PA at the hospital informed me of my abnormal lab results, I would have avoided the spread of my bacterial skin infection and severe pain and other symptoms that affected my day-to-day activities. Do I have a malpractice case?
Medical malpractice is negligence. Your claim would be filed against the hospital and the doctor, who employed the PA.
Obtain your medical bills and medical reports from the hospital and your primary care doctor. If applicable, also obtain documentation of wage loss. Your claim filed with the malpractice insurance carriers for the PA's employing doctor and hospital should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your condition and treatment and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with both malpractice insurance carriers, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject them and file a lawsuit for negligence naming the PA, employing doctor, and hospital as defendants.
If the case is settled with the malpractice insurance carrier for one but not all parties, only name the parties with whom the case has not settled as defendants.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.