Can I file a medical negligence case if I had a pulmonary embolism after I was refused preventative treatment?

UPDATED: Feb 24, 2015

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Can I file a medical negligence case if I had a pulmonary embolism after I was refused preventative treatment?

I had 3 risk factors: 2 inherited thrombophilias, family history and obesity. I asked to be put on Warfarin, aspirin…anything to reduce my risk. I was told in his opinion it was unlikely I would ever suffer a clot so he would wait until I had one to treat me. Then 2 years later, I suffered a PE and numerous complications. Having a PE so young (21) will always affect me in endless economic and physical ways.

Asked on February 24, 2015 under Malpractice Law, Massachusetts


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

Answered 7 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).

It would be advisable to have your medical records reviewed by another doctor.  If that second doctor writes a report supporting a malpractice claim against the first doctor, proceed with the case.

It may be possible to settle the case with the first doctor's malpractice insurance carrier without filing a lawsuit.  Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports (especially the report from the second doctor) and documentation of any wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your condition/illness and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the first doctor's malpractice insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the first doctor's malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the first doctor.

If the case is NOT settled with the first doctor's malpractice insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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