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Tina, Attorney
Category: Personal Injury Law
Satisfied Customers: 33166
Experience:  Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
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About 4 weeks ago I went into the emergency room for 102-104

Customer Question

About 4 weeks ago I went into the emergency room for 102-104 degree fever that was ongoing for 5 days, I also discovered an insect bite on my upper right thigh.
I was treated for cellulitis with antibiotics (cephalexin), and was tested for Lyme disease with ELISA and Western Blot, and told that I would be called if the Lyme tests would come back positive, if negative I would not receive a call.

I never received a call for the Lyme tests, so I continued treatment for cellulitis. After 10 days of antibiotics I concluded treatment.
On the 12th day I began to have heart arrhythmia, and strong palpitations.
I went back to the ER where they determined I was in a 2nd degree Heart block (2:1).
The ER Dr. accessed my medical chart realizing that my lyme tests from the prior visit (3weeks ago) where positive. Tests results that I was never informed.

My LYME infection had escalated to LYME-CARDITIS, where the bacteria, after 3 or more weeks, may infect the heart and cause inflammation of the hearts AV NODE, causing a heart blocks, to possible total heart block.

I was admitted into the hospital for 10 days, and monitored until I came out of 2nd degree block and now in 1st degree block.
I was discharged and with treatment of antibiotics for 21 days (doxycycline).

If diagnosed correctly from the beginning or if I would have been informed 3 days after the ELISA and Westerblot test results became available, all this would had been avoided.

Now I'm concerned of permanent damage to my heart, stress related to the heart problems, loss of work days, vacation and sick days, in addition to now having joint pains in my foot and knees where I can barely walk. In addition to the hospital bills that will result from this misdiagnosis and failure to follow-up on test results.

According to the Dr.s I am expected to do a full recovery, but I as I mentioned before, these could have future repercussions that could had been avoided if only properly diagnosed and/or followed up with the ELISA and Westernblot results.

I feel I deserve some compensation for my bills, loss of work, stress and any future problems that may be related to this poor medical attention.

Please advise
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Tina replied 2 years ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am so sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Have you taken any steps in the way of legal action against the medical provider with regard to this situation?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 2 years ago.

I was discharged on Tuesday July 2nd, so this is the first step I am taking, as I am recovering and feeling a little bit better.


Also, my wife works for the hospital organization, so I'm concerned of any repercussions this may cause her if I pursue legal action.

Expert:  Tina replied 2 years ago.

Hello again, Pedro, and thank you for clarifying the situation for me.

It does appear that there was clearly malpractice involved in this case since you were not timely notified of the positive results for Lyme disease, allowing the condition to escalate to a life-threatening situation. The law does provide the right for patients to pursue a medical malpractice claim, seeking compensation for the injuries they have sustained as a result of the malpractice, which can include medical expenses, pain and suffering, lost wages, and future medical expenses as well as compensation for any permanent injury sustained.

I would look for a local medical malpractice firm to represent you in this matter. They will typically obtain a copy of your medical records and determine more accurately whether malpractice occurred and estimate the value of your claim. They usually work on a contingency fee basis so there should be no cost to you unless they prevail on your behalf.

I'm so glad you are recovering, but this does sound like a good case for seeking damages since much of it could have been avoided.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Customer: replied 2 years ago.

Tina, thank you for the answer. Do you think the hospital organization could try to fire my wife if seek legal action?

Expert:  Tina replied 2 years ago.
Hello again, Pedro. You are very welcome.

It is possible, although not likely unless the hospital is known to take such retaliatory actions. If that is the case, then your wife may wish to consult with a local employment law attorney who can be prepared to respond quickly if the hospital does threaten to take any action against her.

All the best to you and your wife and a speedy recovery!
Tina, Attorney
Satisfied Customers: 33166
Experience: Personal Injury & Wrongful Death experience includes judgment for $10M & $3M settlement
Tina and 3 other Personal Injury Law Specialists are ready to help you
Expert:  Tina replied 2 years ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.


Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: I look forward to hearing from you again should the need arise.

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