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I am not sure what type of lawyer I would need to speak to. My son is being sent to collections for an Emergency Room visit back in February of 2014. He was misdiagnosed. Most of his pain was in his abdomen and back. He had PCN (Utah State) insurance at the time. Because all they ended up doing was a CT scan (to rule out appendicitis) which came back negative, and sent him home, no further workup was done, They told him to come back if it worsens. Because there was no definitive diagnosis, his Primary Care Network denied the claim as not a life threatening condition. He was released early a.m. on Monday morning. His condition continued to worsen, he called his primary care physician on Tuesday (who was out of the office) but made an appointment early Wednesday morning of the same week. He was diagnosed with pneumonia for which he underwent a double course of antibiotics. If he had been diagnosed correctly the first time, he would not be n this predicament. The hospital wrote off the charges due to hardship and misdiagnosis (he was a full time student at the time). Neither of us remember seeing a bill from the ED physician, so we didn't attempt to do the same with the doc. The charges from the ED doc are $242.62 with interest of @6.06 and Service fee of $16.00 The attorney fees are $250. so the total as of 8/24/17 is $534.68. We didn't receive the summons until 9/11/17. He has responded to the court and the attorney with the same information that I just gave you with copies of the chest x-ray results. I just don't know what will happen next or what type of attorney to talk to at this point. The issues are multifaceted as you can see. This is an action to collect a debt, however there would not have been a debt if the emergency room physician had done his due diligence. He had even listed pneumonia in his notes as one of the differential diagnoses. Can you advise us as to what we need to. do to protect my son's rights? Thank you and sorry for the long question.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Utah, this isn't a real estate question

Lawyer's Assistant: Has any paperwork been filed?

I am not sure, I haven't called the clerk yet. But I will do that now. My guess is yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 8 months ago.Category: Personal Injury Law
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Answered in 8 minutes by:
9/25/2017
Personal Injury Lawyer: Bill Attorney, Lawyer replied 8 months ago
Bill Attorney
Category: Personal Injury Law
Satisfied Customers: 2,436
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your legal question today . A misdiagnosis is part of medical negligence law and you should seek out a civil litigation lawyer, personal injury or medical malpractice attorney.

The Utah Bar offers a directory of lawyers by areas of practice and can put you through to a lawyer with the lawyer referral service.

Here is their link:

http://www.utahbar.org/directories/find-a-utah-lawyer/

You should seek out a lawyer now as the statute of limitations is running.

"Utah Code section 78B-3-404, and it says, “A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs."

You could also report the particular physician to the board of practitioners for misconduct.

https://dopl.utah.gov/investigations/complaint.html

If a competent doctor would have correctly diagnosed your son you are entitled to damages in such an action.

We are here to help.

Please follow up with me as required.

In return remember to rate positively.

You do this by rating 5*****, 4**** or better today.

So I hope you rate FIVE STARS before your exit.

Thank You

Attorney Bill

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