My husband was recently admitted to the ER because he was having chest pains. The doctors there said that it was just cramped muscles and sent us home. Before we got home, my husband asked to go to another hospital because he felt something was wrong. We went to another emergency room, and he was diagnosed with coronary artery disease and an impending heart attack. We ended up staying in the hospital where the doctors gave him medication and treatment, and they said he was very likely to have a heart attack had he not come in.
Does this constitute a case of medical malpractice? He could have died if we didn't go to another hospital!
Answer: (1)
While there is definitely an element of medical negligence in your story, it is not a case of medical malpractice because there was no injury. Unfortunately, in civil law, there is no case without some form of damages. In your case, the potential damages were avoided by going to another hospital.
Our system of civil justice is set up to compensate people for damages done to them by the negligence or malice of another. Without some type of injury or damage, there is nothing for which to seek compensation through a medical malpractice lawsuit.
It's best to think about it in terms of car accidents and traffic laws. If someone runs a stop sign and hits you, they are responsible for all your damages and their insurance will pay you. However, if someone runs a stop sign and almost hits you, then you have nothing to sue for.
Similarly, the doctors and hospital in this case did fail to diagnose your husbands condition, and that could likely be shown to be negligence on the part of your doctor, however your husband wasn't caused any damages. A medical malpractice lawsuit requires four elements: 1. Duty of the Doctor, 2. Negligence, 3. Injury and 4. Cause.
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Posted by Staff Writer on 21 Jan 2010