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  1. #1
    Join Date
    Jul 2010
    Posts
    11

    Default Misdiagnosed in the ER

    My question involves medical malpractice in the state of: Indiana

    I got very ill some months ago. Had high fever over 100 for several days. Over the counter meds would not help me at all. Was taking an antibiotic that my physical had prescribed during that time and that also had no effect of me. I've had 99% sign that I've had H1N1, Cough with bloody mucous, super high fevers, chills and sudden diarheea. I passed out at home at one point. Hubby calls 911. They don't respond right away. He dresses me up and takes me to near by ER.

    in ER they take my vital signs, run x-ray, tests. I tell a nurse : I have cough with blood - she replies "you are coughing blood because your throat go irritated from coughing" - nobody ever examined my throat. They said in ER I have just a case of bad flu, take fluids, continue to take what you are taking, go home you are fine! They sent me home when H1N1 was all over the place and at that poiint I've had high fever for up to if not more than 5 days and fever was growing and I was getting weaker.

    Next day, not sleeping at night and coughing up more blood, aches in body, loose stools, 103 fever, my hubby again takes me to ER. New doctor on duty does an x-ray says "oh you have Pneumonia" less than 8 hours earlier I did not have Pneumonia and now I do! They do their non accurate swab test - it comes back negative for the swine flu. They said in ER "Pneumonia, take plenty of fluids, go home". Relesed with temperate of 102.8

    Arrive home I am in vegetative state. Unable to care for myself nor others. Can barely sit due to horrible aches in body and super high fever that won't go down. Next day my husband takes me to hospital #2 ER. There while in ER was told by onduty doctor "You are going into ICU"

    The result : SEVERE ARDS (Acute Raspiratory Distress Syndrome) when your lungs collapse and not working + H1N1. Doctors were fighting for my life around the clock. I spent 2 weeks on RotoProne bed (could not tolerate laying on my back) spent 54 days in ICU! While in Roto-Prone bed suffered severe facial Edema (eyes poped out of my eye orbits), horrible tongue swelling required teeth guard installed.

    Swelling eventually was gone, woke up from medically induced coma 2 months later. Unable to walk, unable to see. Everything was blurry and double in vision. Required physical theraphy to learn how to walk again! After hospital's release saw several eye specialists. Both suggested Cornea transplant (which has a chance to cause blindness for life) or wear contact lenses for life. Suffered 60% vision loss due to scratched corneas.

    When woke up from coma, had swallen knee. Did MRI after hospital's released (paid for it with my own money) result : Severely thorn ligament. Had to take another 2 months of physical theraphy to get mobility in my knee. Who in the world gets thorn ligament while in coma???? But my main case is that hospital #1 dispite me going to ER twice in a row failed to do more accurate tests to detect H1N1 and diagnose me on time. Result : Prolonged medically induced coma, Roto-Prone bed, 2+ months in hospital, nearly 2 months spent in ICU alone.

    While in coma, was injected with lots of antibiotics, meds and my heart took a plunge. Now I have a heart condition and have to see cardiologists every 3 months to monitor the heart.

    The doctor who was seeing me in ICU and past ICU said my ARDS was more sever than having a heart attack nor cancer. He also said that some doctors had given up on me and nobody thought I'd pull through that.

    My family has gone through horrible stress especially since I was a stay-at-home mom and took care of my little son.

    What do you guys think? Do I have a case?
    Thanks

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,591

    Default Re: Misdiagnosed in Er

    What do you guys think? Do I have a case?
    Whether we think you might have a case or not is irrelevant.

    You need to gather up all of your medical records and take them in for review by a medical malpractice attorney. This isn't the sort of question that can be properly answered by strangers on the internet.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Jul 2010
    Posts
    11

    Default Re: Misdiagnosed in Er

    Already contacted a medical malpractice lawyer. It's been almost 8 months since I've contacted him. Never talked with him directly. Only talked to his prallegal, nurse.

    It took them 3 months just to obtain my medical records! I went ahead and gathered my medical records, x-rays, mris in one day. When I called and talked to parallegal she said "call back in 2 months". Called back then was transferred to his nurse she keeps telling me "we have other cases before your case, not that your case is not important but I need to review other cases first". I waited......then called back she said "your case is on his desk for review". I asked "how long will it take to review?" - she replied "1-2 days" well it's been 1.5+ weeks and no reply in any form.

    I left a voice mail for that nurse, she never called me back.
    I am thinking of terminating my contract with him at this time and look for another lawyer. My time is ticking and who in the world spends almost 8 months just to tell me IF I have a case or not!

  4. #4
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,604

    Default Re: Misdiagnosed in Er

    Quote Quoting prada
    View Post
    I am thinking of terminating my contract with him at this time and look for another lawyer.

    Why in the world would it take you this long to figure this out?

    Call someone first thing in the morning.

  5. #5
    Join Date
    Jan 2006
    Posts
    20,740

    Default Re: Misdiagnosed in Er

    Quote Quoting prada
    View Post

    I left a voice mail for that nurse, she never called me back.
    I am thinking of terminating my contract with him at this time and look for another lawyer. My time is ticking and who in the world spends almost 8 months just to tell me IF I have a case or not!
    time to talk to another attorney, or several. You only have 2 years to file a suit and most of that time is already elapsed. You need to act NOW or you will lose your opportunity to act at all.

    I am thinking of terminating my contract with him at this time and look for another lawyer
    . how can you have a contract with him when he hasn't even reviewed your case?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6
    Join Date
    Jul 2010
    Posts
    11

    Default Re: Misdiagnosed in the ER

    Well, the contract said pretty much the following : I agree for xxx law firm to represent me in my case and their compensation is based on % upon winning the case". They also wrote in contract that they can at ANY TIME drop or dismiss my case for ANY reason.

    I've read that contract to my family members many times and they all said it sounds good. At this point I am TIRED of that law firm feeding me with "tomorrow's" I want to terminate that contract and go to another lawyer.

    I've called another law firm. Told them in short what had happenned, I actually there talked to an attorney. They asked me if I had contact any other law firm, I told them. They asked me that first I need to terminate that contract with current law firm before I can even talk to them and have them represent me.

    Anyone know a sample document or something that would have a sample letter how to terminate lawyer's services? Actually he hasn't done a thing for me yet, other than sending his contract with fees. It's been almost 8 months since I've contact him/signed the contract and yet I don't know if he will even take my case or not.

  7. #7
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,604

    Default Re: Misdiagnosed in the ER

    Quote Quoting prada
    View Post

    Anyone know a sample document or something that would have a sample letter how to terminate lawyer's services?
    Yeah, just tell him he is fired. He will mail you a bill for his services (if any). Pay his bill and find another lawyer that will take your case.

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    5,076

    Default Re: Misdiagnosed in the ER

    Dear Mr -------:

    As of (date), I am terminating our agreement. I am not satisfied with the quality of service that I was promised, and have not been receiving.

    (make notes of things....examples....it's been 8 months, and my case has not yet been reviewed.....)

    I am terminating the agreement we had. As it was on a contingency basis, I do not expect any charges.

    Sincerely,
    Jane Doe
    address

  9. #9
    Join Date
    Jul 2010
    Posts
    11

    Default Re: Misdiagnosed in the ER

    Thanks guys. Also I have a quick question..... the lawyer never signed the contract nor faxed nor mailed to me signed contract by him (the contract has ONLY my signature on it), does it make it a legal document if both parties did not sign it? I don't think that contract can be effective if it's not signed by a lawyer.

    could someone advice please? Would greatly appreciate

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: Misdiagnosed in the ER

    Your signature is sufficient to bind you.

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