Trying to see if I have a case

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Trying to see if I have a case

I went to a hospital with shortness of
breath and a bad headache know test was
done sent me home say i was having a
panic attack I had to be rush back 10
min after getting home symptoms never
went away got worse when I went back
they started doing test found out I had
a clot on my brain and was having a
stroke

Asked on July 23, 2017 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have a case if there is medical opinion or reason (i.e. the opinion or judgment of other doctors) to think that you were misdiagnoses *and* that the misdiagnosis harmed you. Not only do you need to have both things, but as stated, they need to be supported by sound medical opinion. In terms of misdiagnosis: other doctors would have to feel that based on the symptoms you had, that the hospital should have done tests or followed up more; if the average reasonable doctor would have felt that this was a panic attack, nothing wrong was done, since doctors are not required or expected to be perfect--just to do what the current medical standards call for in terms of test, treatments, etc.
In terms of the injury, you have to show that if there was a misdiagnosis, that it harmed you some way--for example, made the effects or prognosis of your stroke worse. If you would have been in the same condition or had the same outcome even if they had tested for a stroke immediately, the misdiagnosis did not cause you any harm and so there is nothing to sue over.
So what you need first is to get a sense from other medical professionals as to whether they should have tested you when you first showed up and, if so, whether that would have changed the outcome. Once you know that, you know whether you have a case or not.


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