Do I have a case for failure to diagnose?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I have a case for failure to diagnose?
My doctor performed knee surgery on me. A week after surgery I was still bleeding and the incisions looked red. His physician assistant placed some antibiotic strips over the incisions. A couple of days later my incisions were still looking red and I was in excruating pain. I was seen by the doctor who performed the surgery in his office. He examined my knee and/or incisions, and gave me an order for physical therapy. Later on that same day I decided to go to the emergency room since the pain was worse. I had fluid drawn from my knee and blood work was done. I had emergency surgery the next day and was diagnosed with a staph infection and septic arthritis. I was in the hospital for 3 weeks and underwent 2 more surgeries. I attended physical therapy for 4 months. I still have difficulty walking normally. I was out of
work for 6 months. Could you please advise if I have a case?
Asked on May 16, 2016 under Malpractice Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Based on what you write, there is a good chance that you have a viable malpractice case: if an ER correctly diagnosed the problem but this physician and his office (the PA) failed to do so at least twice, then it us likely that their failure to diagnose was negligent, or unreasonably careless, which would be gounds to find malpractice. In addition, it's possible that the infection was caused in the first place by malpractice, such as not using completely sterile instruments or working in fully sterile conditions, or not sealing, etc. the incission properly. Since with continuing walking difficulty ("pain and suffering"), 6 months loss of wages, and additional medical costs, you could have a substantial claim, it would be well worth your while to meet with a medical malpractice attorney.
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 AttorneyPages.com 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.