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Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 28809
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I had an ER visit in mid May 2013 where my blood pressure bottomed

Customer Question

I had an ER visit in mid May 2013 where my blood pressure bottomed out and an ambulance transported me. The hospital staff treated me like I was a druggie and did drug screen along with other bloodwork. Once my blood pressure came up and they saw my drug screen was negative they told me I was fine and discharged me. Before leaving I requested a printout of my bloodwork. My bloodwork showed an infection (possibly UTI) and this was not addressed prior to my discharge. Aprox 2 weeks later I had to go back to the ER because of a tooth abscess/facial cellulitis and systemic infection that caused me to be hospitalized for days and recieve IV antibiotics/steroids/ and my mouth lanced by an ENT doctor. My question is regarding if the original ER doctor overlooked the infection and if he or hospital should be liable because since it was not treated cause systemic infection which has now resulted in thousands of dollars in hospital and dental bills. I am a 30yr old diabetic and diabetics have a harder time healing to begin with. I was told by an MD that an untreated infection anywhere in your body can travel to other areas/become systemic (especially in diabetics)
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Roger replied 2 years ago.
Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney in Tennessee. Thanks for using JA! I'll be glad to assist you.

In a medical malpractice case, in order to have a claim, you must show that the medical provider fell below the applicable standard of care - - which is what a reasonably prudent doctor would have done in the same situation. If the a medical expert will testify that the doctor should have treated the UTI, and if the doctor can say to a reasonable degree of medical certainty that the subsequent infection and condition was caused by the failure to treat the initial UTI, then you should have a valid claim.

You would need to consult a local medical malpractice attorney in your area about filing suit against the medical provider, hospital and doctor. You should act fast because the statute of limitations for a case like this can be very short.

I hope this answers your question, but if you need something further, please do not hesitate to ask. Thanks.
Roger, Attorney
Satisfied Customers: 28809
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Personal Injury Law Specialists are ready to help you
Customer: replied 2 years ago.

so in order to pursue this, my regular doctor would have to testify that their was negligence on the first ER visit and state the following infection was due to the UTI not being treated? Also, what are the statute of limitations on something like this?

Expert:  Roger replied 2 years ago.
Hi - it wouldn't have o be your regular doctor, but it would have to be a medical doctor that has reviewed the medical records and has formed an opinion on the matter.

As for the statute of limitations, medical malpractice claims must be filed within one year of the date the injury is discovered, but not more than three years after the date the injury actually occurred.
Customer: replied 2 years ago.

typically lawyers that handle medical malpractice cases have certain medical doctors they can have review cases or is it the responsibility of the client to get a case reviewed? Something of the nature that I described as happening, what can be asked for in the lawsuit? just reimbursement of medical bills and if so If someone has insurance that has paid for the majority of charges would it be pointless to sue?

Expert:  Roger replied 2 years ago.

Yes, most attorneys will have access to expert witnesses/doctors who they call on to review medical records.


You could not recover for anything insurance has paid as that would be double-dipping (getting paid twice for the same thing). However, you could sue for future medical treatment, pain and suffering, emotional distress and possibly damages other loss of quality of life and long-term effects.


That's where a medical doctor could review and opine as to whether you'd have damages like that in this situation.

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