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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30167
Experience:  Lawyer
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While in the hospital allergic reaction to beta blockers,

Customer Question

While in the hospital for an allergic reaction to beta blockers, the doctor ordered a stress test. Due to having a fractured ankle, I could not take the test on the treadmill. Therefore, medicine was given to me for them to administer the stress test. During the test, I went into AFIB. Further test were conducted on my heart and the results, according to the Cardiologist, I had no blockage, no enlarged heart, not congestive heart failure and etc. The Cardiologist said "What happened to you (speaking of the AFIB epidisode) was our fault. You have a heart of a 20 year old" ( and I am 61) Would this be considered a medical mishap whereas my heart was induced to go into AFIB?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

In order to make a malpractice claim against a doctor, you need to be able to establish that not just that the doctors caused the AFIB, but that they did so because they did not follow accepted practices and procedures within the medical community. So it comes down to what actually caused the AFIB - was it the medicine given for the stress test? Was the stress test something that is commonly ordered for people who present with your symptoms? Was that particular medicine a commonly used one? Was there any reason to think you'd have a bad reaction?

Those aren't questions you need to answer for me, but that's what you have to be able to present to a judge to win a medical malpractice case. And that means you need expert medical testimony from a doctor who can testify as to what SHOULD have been done, and how the failure to do so caused your AFIB. It is nearly impossible to win a malpractice case without expert medical testimony. If the doctor who treated you would be willing to testify, that would be great. Otherwise, you'd need to find another doctor who can explain to the judge what went wrong. Recovery would typically be the reimbursement for any medical bills caused by the AFIB, payment for any extra time missed from work because of that mistake, out-of-pocket expenses, and pain and suffering (based on the amount of the medical bills for fixing the problem).

Most lawyers who do medical malpractice can help you find an expert witness, get your medical records, and prepare the witness to testify. These lawyers typically work on contingency, whihc means you only pay if you win the case. Talk to a couple to find someone that you feel comfortable with. A person is not required to have a lawyer to sue someone, but medical malpractice cases are very technical, and they can be pretty complicated. Your chances of winning increase significantly if you have a lawyer on your side who has experience handling these types of cases.

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