Misdiagnosed Appendicitis

[upstate_585]

My question involves medical malpractice in the state of: NY

My daughter went to the ER on a Tuesday complaining of severe stomach pain, vomiting, and nausea. The physicians assistant did a pelvic exam, asked her repeatedly if she could be pregnant, and did an x-ray of her stomach. She said it was not her appendix because the pain was not localized to her right side. They also tested her blood and found very high white blood cell count. (No CT scan done) She gave her anti-nausea medication and told her it was gastrointestinal and sent her home. (She was not seen by any doctor) The medication made her feel better for a while. By Friday the pain was much worse. She went to the school nurse who saw the hospitals record of high white blood cell count, did a new test to find it even higher. She was surprised they discharged her on Tuesday and told her to go back.

When she returned to the hospital, they did a CT scan and determined that her appendix had ruptured and did emergency surgery. Instead of a small scar and minor surgery, she spent 8 extremely painful days in the hospital with a large scar down the middle of her stomach. She had two stomach drains, one was left in when she returned home. She is still in considerable pain. In addition, she is in a rigorous graduate school program. It is going to be VERY difficult to make up the time she missed if it can be done at all.

It is likely that her appendix was not ruptured on Tuesday as that is the first day she felt pain. I believe it is malpractice, I just don't know if we can prove damages. Does two weeks of pain and a large scar count for anything? What about school. She has already missed two weeks and at this point she doesn't seem mentally or physically able to handle the program. She pretty much sleeps all day now, but her program requires studying virtually all hours not sleeping or in class.

[Mr. Knowitall]

The missed diagnosis of appendicitis is one of the examples of an injury that, even with proof of malpractice, will not ordinarily result in sufficient damages to justify the cost of litigating a malpractice case. That said, the only way to know for sure is to have a malpractice firm review the medical history and treatment records.