What to do if I was not properly tested given by prior history of heat attacks?

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What to do if I was not properly tested given by prior history of heat attacks?

I have had 2 heart attacks in the past. Then about 6 weeks ago, I went to a hospital with heart attack symptoms. Blood test were done that determined my triponin levels were elevated indicating heart damage. Without doing an angiogram they diagnosed me with non-accute angina and sent me home; the next day I had a full blown heart attack. An angiogram was done and found a 100% blockage in a main artery. Had this been discovered earlier the heart attack may have been preventable. Now I am unable to work and my doctor is talking about putting me on disability. Does the hospital that failed to do some important tests to determine my condition have any liability in this case?

Asked on April 1, 2013 under Malpractice Law, Iowa

Answers:

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

Answered 8 years ago | Contributor

It would be advisable to be examined by another cardiologist, who could also review your medical records.  If that cardiologist writes a report supporting your claim that the hospital was negligent, proceed with a claim against the hospital.  Negligence is the failure to exercise due care (that degree of care that a reasonable hospital would have exercised under the same or similar circumstances to prevent foreseeable harm).

If the cardiologist's report supports your claim, prior to filing a lawsuit for negligence against the hospital, it may be possible to settle the case with the hospital's insurance carrier.  Your claim filed with the hospital's insurance carrier should include your medical bills, medical reports (especially the report of the second cardiologist), and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury 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 hospital's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the hospital's insurance carrier, reject the settlement offers anf file a lawsuit for negligence against the hospital.  If the case is NOT settled with the hospital's insurance carrier, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 


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