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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello. I had not been feeling well so I called my provider

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Hello. I had not been feeling well so I called my provider for appt (06/20/13) was made. I received a email message to get labs for Medicare wellness. On 06/03/13, I went in for a blood draw, On 06/04/13, office called and advised provider needed to see me on 06/10/13. Went in and provider advised I was anemic & could have died due to loss of blood & I needed a transfusion & I needed to go to the ER right now. Is the provider at fault for not warning me on 06/04/13? Thank you

Thank you for your question.

This certainly could have been a very bad situation.

Do you have any injuries which resulted from your state of anemia that occurred during the time period of 6/4 to 6/10?
Customer: replied 4 years ago.

No, it was due to Hployri and aspirins

Thanks for your response.

When we talk about fault in regards XXXXX XXXXX law and medicine, we are talking about medical malpractice. Your right to assign fault and in turn receive compensation for damage is only triggered when there is an injury that was caused by the failure to act.

Here, there was indeed a negligent failure to act. If you were indeed in that much danger, the doctor should have contacted you immediately by phone and told you to go to the doctor. If you had been killed, or incurred any sort of system failure or organ damage cause of this negligence, you would definitely have a right to seek compensation. However, since there does not appear to be any permanent damage, there is no claim you can make for the malpractice.

Thank goodness that nothing negative resulted from the malpractice?

Now, you should consider reporting this doctor to the state medical board. This sort of action by this doctor was unsafe and the doctor should probably be disciplined by his peers.

The complaint information may be found on the following page:

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,

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