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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10023
Experience:  Just Answer consultant at Self employed
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I made an emergency drs appt aug 17th where the dr diagnosed

Customer Question

i made an emergency drs appt aug 17th where the dr diagnosed me with diabetes i had an acl of 13.4 i begged him to admit me to the hospital telling him i was sick to the stomach and light headed but he told me i didnt fit the cirterea
JA: What state are you in? It matters because laws vary by location.
Customer: my sister picked me up and took me directly to our hispital where they admitted me for 3 days and i had a blood sugar of 420 and live alone
JA: Has anything been filed or reported?
Customer: i had the paper to report him misplaced it but they sent me another one yesterday i just finished filling it out
JA: Anything else you want the lawyer to know before I connect you?
Customer: my sister gave a verbal consultation when it happened to vt deot of health and seems as though they want this report badly i dont think its the 1st time dr ***** ***** has messed up
Submitted: 10 months ago.
Category: Legal
Expert:  legalgems replied 10 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 10 months ago.

I am so sorry to hear you experienced this- that must have been terrifying; can you please tell me the state this is in regards to? Are you looking on information for medical malpractice?

Customer: replied 10 months ago.
I live in Vermont and yes, I am looking for information on a medical malpractice lawsuit
Expert:  legalgems replied 10 months ago.

Thank you for your patience as I obtained this information. Medical malpractice is based on the common law doctrine of a tort cause of action; negligence. The elements for a successful medical malpractice lawsuit require:

(1) That a reasonably skillful, careful, or prudent health care professional engaged in a similar kind of practice under the same or similar circumstances would have had a particular degree of knowledge or skill or would normally have exercised a particular degree of care; and

(2) That defendant did not have this degree of knowledge or skill, or did not exercise this degree of care; and

(3) That defendant’s lack of knowledge or skill, or failure to exercise this degree of care, was a cause of plaintiff’s injuries and those injuries would not have happened otherwise.

The damages are actual damages (ie medical bills) plus emotional damages (pain and suffering) and even punitive damages which are designed to punish defendant and deter others from similar misconduct.

There is a 2 year statute of limitations, but it is best to bring it as soon as possible, as these types of cases require review of documents (medical records), consultation with experts, etc, so it is best to get started soon, while the incident is still fresh, and the injuries can be adequately documented.

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(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 10 months ago.

This case gives an idea of how a normal case will be handled.


Post here please

No further questions?

kindly rate positively!

Expert:  legalgems replied 10 months ago.

Hi. Just checking in to see how the above situation worked out. Hoping the information was useful. Thanks!

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