I had a routine colonoscopy 10 yr. recheck. I had minimal sedation,my request, and went smoothly until I had severe left shoulder pain during the exam. I remember sking the nurse why I had left shoulder pain, I remember sitting up on the stretcher. Next thing I recall the exam was over and I was in the Recovery room. I had severe stomach,umilical pain and could not lie on my left side without having severe left shoulder pain. They kept telling me to "pass gas" and I said it was not "gas"pain. I was passing lots of air. The doctor say me and offered a Xray but I said no it was not "gas", my abdomen was soft and was still passing air. I could not sit up without having the pain and asked to go home and did. The doctor did call me daily to check on me. The pain was improving but it was still uncomfortable. I had labs and xrays the second day which were fine. Still feeling much discomfort I returned to work not feeling well. I am a RN who works at this Endoscopy Center. Still not feeling right on the 4th day post exam I had a CT scan which showed a splenic tear and large hematoma. I was also anemic . I have been home on bedrest only. I am improving but will be out of work for 5-6 weeks. Yes I am using my sick time but feel frustrated that I will be using most of my sick time. Any compensation I am entitled to to cover using all my banked sick time. I understand I signed a consent knowing the complications of the exam, although a splenic tear is not usally a common one. Will appreciate and feedback. thank you ,nancy
State/Country relating to question: New Hampshire
First time asking this
Hi and welcome.
I'm so sorry for your experience. I am confident that you have a claim.
Medical malpractice, sometimes referred to as medical Negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:• Misdiagnoses of, or failure to diagnose , a disease or medical condition; • Failure to provide appropriate treatment for a medical condition; • Unreasonable delay in treating a diagnosed medical condition; Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.You must contact a lawyer who specializes in medical malpractice cases. He or she will have a medical legal expert review all the records with a view toward offering an opinion/report and trial testimony that the doctor's acts were negligent in that they did not conform to the standards of the applicable specialty in your area.
THESE WIL BE EVALUATED
1. Cost of past care.2. Cost of and need for future care.3. Permanency of the injury, if any, AS ESTABLISHED IN A WRITTEN REPORT FROM A MEDICAL SPECIALIST.4. Reduction in life expectancy.5. Reduction in work life expectancy. 6 The age and kind of work the injured person does.7. Past and future work disability and lost wages.8. Past and future pain and suffering.
You have to consult with an attorney in your state. This is not because I am a NY attorney, but as you can see from the language on the site here, it says that no attorney-client privilege exists and that you should contact a lawyer in your state for representation. In other words, even if I were a lawyer in your state , the same rule would apply.To find an attorney, go online to Martindale.com. This is a nationwide directory we lawyers use ourselves to find highly qualified legal specialists in various fields of law. These lawyers are NOT in Martindale because they paid to be included. They are there because they are rated as QUALIFIED by other lawyers in their field of expertise and geographic area as it applies to your kind of case. The process is this: other lawyers are asked to fill out questionnaires giving their opinion of the quality of the work of the law firm that ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult with two or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.Please press 3 or 4 or 5 below so that I may get credit for assisting you. Please do NOT press 1 or 2 since that will result in a negative rating for mewhich you may not have intended. If you want further information or clarification, just ask before you give a rating.I ask you to be fair in your rating. For instance, in these actual examples , the expert should not have received a negative rating: a. A customer says "I ALREADY KNEW THAT".....but the expert didn't know what the customer knew or didn't know. b. A customer wants to hear "YES YOU CAN".....but the certified legal expert says "LEGALLY NO YOU CAN'T". c. The answer is short, but ACCURATE. A customer simply wants a longer answer.Thank you for reading this and for your consideration. I'm always ready to help further.rich
NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.
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