is this malpractice or failure to diagnosis case worth the effort?In 2007, I became sick. I was throwing up, and having problems breathing, and often stopped breathing in my sleep. I was gainfully employed at the time. I did not have a family doctor. It felt as i was being choked, and gagging, i never had stomach pains, when i vomited. I was told it was acid reflux, and sent along my merry. This went on for about a year, i went to cape fear valley Emergency room, in fayetteville nc. I eventually went to another hospital, as the problem continued. Finally, after about the 17th visit to cape fear valley Er. they determined that my gall bladder was the problem. I had it removed a week later, only to be told, there are no gall stones, or disease. I was still throwing up, but now added was the horrible side effects of no gall bladder....my stomach is always in pain. Finally, my job had enough, and i was terminated. I lost my house, my job, and was clinically depressed. 2008, the doctors still could not figure it out, so i decided to change doctors. Both doctors did endoscopies, with no results. Biopsies were also performed...along with other upper GI tests. No doctors, listened to me, and took a look at my throat, as I told them, every time, that my throat was hurting me, and that it felt like i was being choked, and gagging, with no stomach pain. 2010, as I was not well enough to work, due to sleeping a lot more than usual, and throwing up, if i started working hard, breathing hard. Relief was brought about, oddly, when i chewed gum. I thought i had cancer....i filed for disability. November, 2010, I was told my friends, to try Duke med. So i traveled 2 hours, to duke med....waited in the waiting room for 12 hours....i didnt mind the wait what so ever, as the doctor found the issues out, in ten minutes. The whole time, it was my tonsils. The reason i was throwing up, was because they made constant contact with my gag reflex's. The reason i slept longer, was my air supply was getting cut off. The reason i stopped breathing in my sleep, was because my tonsils would dry, and clog my air ways. The duke med. doctor, could not believe that the cfvh doctors did not notice the tonsils, especially during the scope. The reason why I found relief when chewing gum, was because the act of chewing gum, promoted the production of saliva, which in turn, lubricated my tonsils, removing them from my gag reflex. I had my gall bladder removed, which was in turn a risky surgery, and the effects that im going thru, have disabled me, and can cause colon cancer. Also, i have over 50k in doctors bills, lost wages, lost my house, and is about to be homeless, as the disability office has not yet approved me. I intended to sue, for malpractice, failure to diagnosis, failure to refer, ER error, and in my opinion, the removal of my gall bladder was unnecessary, and I feel that is now, and injury. I understand you can live without a gall bladder. You can also live without a spleen, and a kidney, but id rather have all of my organs. And i would still have it, had it been properly diagnosed. Does anyone, think i have a case?
Caoedhen
No, you don't have a case.
However, if you find a lawyer that is only in it for the money (watch daytime TV for the ads) they may take your case, settle it out of court to avoid all the hassles, and then take 40% of the winnings for themselves.
bkc99xx
Perhaps you do. But, the best person to tell you will be a real lawyer face to face, not some make-believe, want-to-be advice columnist like myself here on YA.
Mistakes can be made in the medical profession and it will be important to prove what could and should have been known about your case along the way. Hindsight now makes it obvious that certain actions in the beginning may have prevented you a lot of suffering. But, you will have to prove that not recognizing those signs at the time was negligent or sub-standard performance before you can actually even consider winning a judgement.
engineerlaborer
substandard care and the lawyers chances of making money - they are in business, I am not advocating that a case should only go to court for money, but that is a lawyers consideration, are the primary considerations for a lawyer accepting a malpractice case.
substandard care is malpractice, you can always file on your own with the magistrate.
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