Possible medical malpractice

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Question

Country: United States of America
State: New York

Hello. At the end of July 2005, my father ended up in the hospital with the symptoms indicating a heart attack. My father has some bad family history in the heart area so it is a major concern in our family. He as brought to a Brooklyn hospital by FDNY. He had trouble breathing, had severe pain in the abdomen, and more. The ER were running test to determine what was going with him. He left the house around 5pm and it as around 10pm when I joined my mother who was with him at the time and they were still waiting on results. One of the ER doctors on call that evening/night told us that it was most likely pneumonia. My father is a smoker by nature but he had never had any problems and he still doesn't in that area. We asked what could possibly cause pneumonia in the middle of a humid summer day, and they gave some explanation. Since it was nearing midnight, the doctors told us to go home, to leave my dad overnight, just in case, for observation, and that he will be good to go the following day. The reason they were keeping him there overnight was because there was no Radiologist on call that night in the ER to read the results. Questions: Is this right? Can this be allowed in the ER? The following morning, I came to pick up my father around 10am only to find a swarm of doctors surrounding my father. My father was pale as death and I found out that he was seriously bleeding, internally. He had a ruptured spleen. So basically, my father spend the whole night in the hospital, with no one to read the results of the tests taken, bleeding, and pretty much dying. They saved his life. To be more apt, a wonderful surgeon, who was making the rounds that morning, saw him and automatically knew what, was happening. He saved his life without surgery but via radiology of some sort. What I want to know is whether or not I am justified in suing the ER. My mother, at some point during one of my dads check up visits, stumbled upon the fact that the computer already had the information from the get go as to the fact that my dad had a ruptured spleen and was bleeding internally. He always complained about severe pain in the abdomen. So if the information was in the system, why didn't ER react sooner? Is the ER responsible? We've talked to an attorney and he said that as long as my dad's life was saved, there is no case. But I problem is not with the person who actually saved my father but with the inadequate ER. Isn't the point of the ER to be quick and efficient? I live in the area where this hospital is located, shop in the area, and God forbid something is to happen to me, that is the closest hospital that I can be brought to. So basically, is there a case, can anything be done? I have one more thing. I don't want to write a separate question since I think that these are related. My father, approximately 7 months before the whole spleen incident had suffered a cracked rib. He went to a physician, took X-Rays, etc. The doctor in that office is extremely disorganized. Unless you call 24/7 or come in and demand results, you're not going to get any. The X-Rays should have indicated that the cracked rib was lacerating the spleen causing it to bleed for the duration of 7 months and eventually causing the aforementioned. From previous experience with this doctor and this office, and from what I mentioned above, there is a likely chance that she already knew that it was possible a broken/cracked rib and probably didn't even look at the X-Ray. This is not assumption but fact because the office never has the information needed available at hand. So, is this doctor at fault? This carelessness caused my father his job among other things. So can you please tell me what's what and if there is a lawyer in the Brooklyn, NY area that could assist if it is not too late?

Answer

It is certainly possible in both situations that you have a case based on what you say here; you could take a brief description of these events as well as your medical records to a malpractice attorney and see if the attorney thinks you have a claim; often you need to contact several attorneys to find one to take the case; the review of your case and records is often free and then they will normally take the case on a contingency fee basis if they think you can win; you would pay only if they collect for you.

Question

Country: United States of America
State: New York

At the end of July 2005, my father ended up in the hospital with the symptoms indicating a heart attack. My father has some bad family history in the heart area so it is a major concern in our family. He was brought to a Brooklyn hospital by FDNY. He had trouble breathing, had severe pain in the abdomen, and more. The ER were running test to determine what was going with him. He left the house around 5pm and it was around 10pm when I joined my mother who was with him at the time and they were still waiting on results. One of the ER doctors on call that evening/night told us that it was most likely pneumonia. My father is a smoker by nature but he had never had any problems and he still doesn't in that area. We asked what could possibly cause pneumonia in the middle of a humid summer day, and they gave some explanation. Since it was nearing midnight, the doctors told us to go home, to leave my dad overnight, just in case, for observation, and that he will be good to go the following day. The reason they were keeping him there overnight was because there was no Radiologist on call that night in the ER to read the results. Questions: Is this right? Can this be allowed in the ER? The following morning, I came to pick up my father around 10am only to find a swarm of doctors surrounding my father. My father was pale as death and I found out that he was seriously bleeding, internally. He had a ruptured spleen. So basically, my father spend the whole night in the hospital, with no one to read the results of the tests taken, bleeding, and pretty much dying. They saved his life. To be more apt, a wonderful surgeon, who was making the rounds that morning, saw him and automatically knew what was happening. He saved his life without surgery but via radiology of some sort. What I want to know is whether or not I am justified in suing the ER. My mother, at some point during one of my dads check up visits, stumbled upon the fact that the computer already had the information from the get go as to the fact that my dad had a ruptured spleen and was bleeding internally. He always complained about severe pain in the abdomen. So if the information was in the system, why didn't ER react sooner? Is the ER responsible? We've talked to an attorney and he said that as long as my dad's life was saved, there is no case. But I problem is not with the person who actually saved my father but with the inadequate ER. Isn't the point of the ER to be quick and efficient? I live in the area where this hospital is located, shop in the area, and God forbid something is to happen to me, that is the closest hospital that I can be brought to. So basically, is there a case, can anything be done? I have one more thing. I don't want to write a separate question since I think that these are related. My father, approximately 7 months before the whole spleen incident had suffered a cracked rib. He went to a physician, took X-Rays, etc. The doctor in that office is extremely disorganized. Unless you call 24/7 or come in and demand results, you're not going to get any. The X-Rays should have indicated that the cracked rib was lacerating the spleen causing it to bleed for the duration of 7 months and eventually causing the aforementioned. From previous experience with this doctor and this office, and from what I mentioned above, there is a likely chance that she already knew that it was possible a broken/cracked rib and probably didn't even look at the X-Ray. This is not assumption but fact because the office never has the information needed available at hand. So, is this doctor at fault? This carelessness caused my father his job among other things. So can you please tell me what's what and if there is a lawyer in the Brooklyn, NY area that could assist if it is not too late.

Answer

It is certainly possible in both situations that you have a case based on what you say here; you could take a brief description of these events as well as your medical records to a malpractice attorney and see if the attorney thinks you have a claim; often you need to contact several attorneys to find one to take the case; the review of your case and records is often free and then they will normally take the case on a contingency fee basis if they think you can win; you would pay only if they collect for you.
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