Can i file a case against an emergency room Doctor and or staff.

I went to the ER ended up being dehydrated but they did a bunch of blood work and
CT and chest x-ray. I got a call from my doctors office that i was Anemic and i
made an appt to go in because i was still having dizziness which is one reason i
went to ER. The only report the ER sent to my Doctor was blood work, they ask me
what other test i had and had me sign a release form. When they got my x-ray it
showed abnormal findings. End up it was pulmonary fibrosis which is a terminal
illness. If i had not followed up with my Dr and them wanting my other test results i
would still not know. If they would have mention it in the ER i would have remember
my Mother has it and my husband was with me.

Asked on April 4, 2018 under Malpractice Law, Ohio


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
In order to have a medical malpractice case, you have to have a documented injury resulting from the medical malpractice.
In your case, although there was a delay in the emergency room sending your x-rays to your doctor and the emergency room did not mention pulmonary fibrosis to you, your condition did not significantly worsen due to the delay in your doctor obtaining the x-rays.  Therefore, it would not be worth pursuing a medical malpractice case.
If your condition had worsened because there was a significant delay in obtaining treatment based on the x-ray not being provided, you would have a medical malpractice case.

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