Following a surgery to repair a bad fracture, I noticed swelling and discomfort almost a month and a half after the procedure. I went for a follow-up procedure and the attending physician noted this type of swelling and discomfort as normal following a surgery of that type. Almost two weeks later, the swelling and pain had increased exponentially. Again, I went to see my physician, who initially dismissed my symptoms as normal. However, after seeking a second opinion, I underwent a venous sonogram, which revealed a severe and large blood clot in my femoral vein. The severity of the clot warranted immediate hospitalization, including Heparin injections and prolonged medication.
To date, the clot still exists, and according to doctors, the clot will never go away. I suffered cardiovascular damage that is permanent, suffer chronic pain, and have had to severely limit my physical activity. I want to know if I can file a lawsuit against the hospital and treating doctors for failing to look into the blood clot and for failing to diagnose the condition in the first place. From the date of my first complaints to the seeking of a second opinion, the attending doctor dismissed my complaints several times over a period of nearly two months. Doctors have noted that if I received normal medical care following the procedure, none of this would have occurred, so I think I may have a solid case.
Answer:
An attorney overseeing your medical malpractice case would certainly consider filing suit against negligent parties that contributed to the damages you experienced and continue to experience. This would include both financial costs related to the blood clot treatment and prolonged medical treatment. Additionally, claims for your continued pain and inhibited mobility are also very real and relevant damage claims in your case.
The crux of any legal action will center on the negligence in the hospital and their healthcare professionals to diagnose the blood clot within a sufficient and reasonable period of time. Only an attorney looking into the specific nature of your case will be able to determine this, but from what you stated above, it appears that the clot should have been checked into well before it was, after you sought a second opinion. If the courts deem a practitioner negligent in diagnosis the blood clot, then those parties would be held liable for damages occurring as the result of the blood clot.
Consulting with an attorney is the first and most important step in determining the specific benefits that filing suit against the treating hospital and physician could bring you. Furthermore, as a patient and victim, you should be aware of the statute of limitations regarding filing medical malpractice complaints in your state. For this reason, seeking the counsel of an attorney as soon as possible is advised. An attorney will help in preparing the suit on your behalf, as well as counseling you on your legal rights concerning the suit you wish to file.
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Posted by Greg Cohoat on 21 Apr 2010