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Can I file a medical malpractice lawsuit for a case of misdiagnosis?
I went to the hospital complaining of chest pains, and I was dignosed with strained muscles. The next day, I had a heart attack, and it turns out I had been suffering from heart disease.
My chest pains were misdiagnosed as a muscle injury when in fact I was having heart problems. Can I file a medical malpractice lawsuit in this case?
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Answers (1)
Misdiagnosis of coronary heart disease or any other type of heart condition is a very serious problem, and you may have a medical malpractice case. Doctors and medical staff are required to perform extra testing for people complaining of chest pains, as there is potential for an impending heart attack. When the complaints are not investigated thoroughly, there could be grounds for medical negligence.
To establish a good case, there are a few things that should be considered.
What is the Standard of Care?
In a case of coronary artery disease, heart disease or other potential heart problems, the most common symptoms are going to be chest pain, shoulder pain and potentially difficulty breathing. If a patient is admitted with such symptoms, the standard of care requires they be checked for heart disease in order to avoid a potentially fatal heart attack.
In this case, it seems fair to assume that this standard would be the one to follow.
Was There Negligence?
All medical professionals have a legal duty to adhere to the standard of care for any given medical problem. If the standard of care is not met, then the medical staff may be said to be negligent. Negligence occurs when doctors and other medical staff do not adhere to the standard of care.
This breach of duty puts patients at risk of undue injury, and is the first critical aspect of a medical malpractice case. If it is established that medical negligence occurred, then the hospital, doctor or other responsible medical staff may be held liable for any resulting injury.
In your case, the failure to adhere to the standard of care may be grounds for a negligence claim.
Was There Injury?
This is one part of your case that is not mentioned in the question. In order to have a meritorious medical malpractice claim, there must be damages for which to seek compensation. As in any civil lawsuit, the only available means of seeking justice is to demand monetary compensation for damages incurred as a result of negligence or malice.
The fact that you suffered a heart attack is certainly a form of damages, but it is unclear from your explanation whether it was serious, caused any significant losses, or otherwise "damaged" your life, financially or physically.
Talk to a Medical Malpractice Lawyer to get a consultation regarding the details of your case, and find out if you have a good case which merits filing a lawsuit against the hospital or doctor. If your case is legitimate, you can seek compensation for lost income, medical expenses, pain and suffering and more.
Good luck.
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Posted by Staff Writer on 18 Mar 2010
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