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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 118256
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I went to hospital with severe abdominal pain. The did blood

Customer Question

I went to hospital with severe abdominal pain. The did blood work and cat scan. And was told nothing g was wrong with me and follow up with my pc dr. Before I could get in to see my pc dr. I went back to er with severe abdominal pain again. Explained I'd been there night before and was still hurting. They did additional blood work. 2 hrs later a different ER DR from the night befor came in told me 5 here was nothing wrong with me and refused to let me see another dr. He was mocking my pain telling me I had no reason to be in pain and to get out of his hospital now. As I was leaving and walking out the door he was mocking..saying " wheres your pain now huh...where's your pain. Now. 2 days later I was admitted into a different hospital with severe pancreatisis with Lipas levels was 1480 where normal is 15 to 75. The pain I was in so severe I thought I would die. Can u sue the dr and hospital for negligence and mental anguish
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under TX law, in order to sue a hospital and/or medical provider for malpractice, you must get a medical expert to state that based on the test results viewed by the doctor at the first hospital they should have found the problem and that they misdiagnosed you. If you can get a medical expert to state that, then you can have a claim for malpractice for the misdiagnosis and could seek damages for the additional pain and suffering they caused you.
You must have the medical expert saying the first hospital was negligent in diagnosing you in order to even file you suit. See: Tex. Civ. Prac. & Rem. Code. § 74.351