What to do if I was injured at work in an accident and was given a misdiagnosis on a related health issue?

UPDATED: Dec 10, 2012

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What to do if I was injured at work in an accident and was given a misdiagnosis on a related health issue?

Thi happened 3 years ago. While in the hospital, the doctors asked if I took anything and I told them that I took an aspirin a day because of a prior occurrence of blood clots. They said, “Stop taking the aspirin” and I did. I went home 5 days later. Within a few days I noticed a recurrence of the clotting which had not happened in the previous 5 years. I called my doctor and told her. She said, “t’s just flebitus or inflammation” and to put a hot wash cloth on it. I did. Then, 3 days later I had a pulmonary embolism and went to the ER. They did a CT scan and said, “You just have pneumonia, go home”. I did. Then 3 days later they called back and said “our mistake, you did have a pulmonary embolism”.

Asked on December 10, 2012 under Malpractice Law, New Mexico


Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

This is a complicated question and the statute of limitations may have run or be running on your case.  I suggest you call a malpractice attorney immediately about this.

You seem to assume that the first doctor who told you to stop taking aspirin is at fault.  Perhaps the doctors who told you you had phlebitis and pneumonia are also at fault.  A malpractice attorney will look at all these possibilities but can do nothing unless you take action before the statute of limitations expires.

Good luck.


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