What can we do if my husband almost died as a result of a misdiagnosis?

My husband was told at one hospital that there was nothing wrong with him and sent him home, after treating him like a junkie, he is a Type 1 diabetic and has a couple other conditions as a result. He then went to a different hospital were they ran the same tests and found his appendix was about to burst. It was so bad they couldn’t do laparoscopic they had to cut him open. Do we have any legal ground to stand on? Is there anything I can do? I feel he was treated poorly and not really treated, just passed over, because they already thought they knew who he was.

Asked on August 25, 2013 under Malpractice Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

Unfortunately, appendicitis is misdiagnosed in hospitals all the time.  It happened to my husband at Phoenix Baptist.  In fact, people have even died of appendicitis that was misdiagnosed right here in Phoenix.  It is going to be very difficult to prove breach of the standard of care in one of these cases because appendicitis presents similarly to other things.  But it would not hurt to get the hospital records and take them to a medical malpractice attorney and get their opinion.  The initial consult should be free of charge.

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