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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28045
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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North carolina. Not yet,but i need to speak with someone to

Customer Question

JA: What state are you in? It matters because laws vary by location.
Customer: north carolina
JA: Has anything been filed or reported?
Customer: not yet,but i need to speak with someone to even see if something should or could even be done
JA: Anything else you want the lawyer to know before I connect you?
Customer: i havent given you my scenario yet
Submitted: 11 months ago.
Category: Legal
Expert:  LegalKnowledge replied 11 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 11 months ago.

Can you please share with me what your question is?

Customer: replied 11 months ago.
I went to Prime Care and they thought i had an appendicitis, I was sent to a local emergency room. They performed a CT scan and saw that i had bilateral cysts on my ovaries and one had ruptured. I brought to their attention that i only had one ovary (partial hysterectomy a few years ago and left one ovary). I was given pain pills and sent home. I followed up with my OB the very next day and went in. I had a 7cm cyst on my ovary that they could see on a vaginal ultrasound. I was sent for immediate surgery right after and saw that i had an ovarian torsion and hemorrhaging inside.
Expert:  LegalKnowledge replied 11 months ago.

I am sorry to hear about this and hope you are doing better and recovering. Are you asking about a potential medical malpractice claim?

Customer: replied 11 months ago.
do I have one?
Expert:  LegalKnowledge replied 11 months ago.

Thank you. Please allow me a moment

Expert:  LegalKnowledge replied 11 months ago.

Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor's deviation from the standard of care applicable to the procedure. Damages are a critical element of a medical malpractice case, and the plaintiff cannot recover damages for injuries that did not result from the doctor's conduct. Therefore, the plaintiff must establish a causal connection or link between the plaintiff's injury and the doctor's negligence. Generally, there are two types of damages available to a plaintiff in a medical malpractice case: compensatory damages and punitive damages. As such, I think you could have a claim but the issue is showing damages suffered. If you can do this, then you do have a case.

Customer: replied 11 months ago.
Being out of work and not really being able to do much doesn't qualify? The fact that i could have died on the misdiagnosis? If i wouldn't have followed up with my OB, i could have died.
Expert:  LegalKnowledge replied 11 months ago.

Yes, I certainly understand. I agree with you but the issue and key to be awarded financial compensation is showing damages/harm suffered. You can make a demand to the doctor and retain legal counsel, who can take the case on a contingency basis, so you do not pay unless they recover for you.

Customer: replied 11 months ago.
Its an actual well known hospital around here.....wouldn't it be the hospital to back the doctor-actually was a PA...
Expert:  LegalKnowledge replied 11 months ago.

The actions of ALL parties need to be explored. It is possible that you can go after both and/or one. As I shared, med mal cases are typically taken on a contingency basis. It does not hurt you in any way to set up a consultation with a med mal attorney and speak with them about this. They can look over your records and what happened and determine if there is a good faith basis to proceed and recover